Sec. 6.020 Local improvement law:
Collateral powers. The board of supervisors on behalf of the city, for the
purpose of defraying all the costs of acquiring, improving or converting to any
project authorized by section 6.010, or any portion of the cost thereof not to
be defrayed with money otherwise available therefor, is vested with the powers
granted to municipalities by chapters 271 and 704A of NRS, as amended from time
to time.

ARTICLE VII

Local Bonds and
Franchises

Sec. 7.010 Acquisition, operation
of municipal utilities. The city may, in the manner and for the purposes
provided in this charter and Nevada Revised Statutes as they apply to cities,
grant franchises and acquire in any manner any public utility, and may hold,
manage and operate it, either alone or jointly, with any level of government or
instrumentality or subdivision of government.

Sec. 7.020 Borrowing money.

1. Subject to the limitations imposed by
this article, the city may borrow money for any corporate purpose, including,
without limitation, any purpose expressly authorized by this charter or by
Nevada Revised Statutes for a city, and for that purpose may issue bonds or
other securities. The Local Government Securities Law, as amended from time to time,
applies to all securities so issued, except for securities issued pursuant to
section 6.020.

2. Any property tax levied to pay the
principal of or interest on this indebtedness must be levied upon all taxable
property within the city as provided in NRS 350.590 to 350.602, inclusive.

ARTICLE VIII

Revenue

Sec. 8.010 Municipal taxes.

1. The board of supervisors shall
annually, at the time prescribed by law for levying taxes for state and county
purposes, levy a tax not exceeding 3 percent upon the assessed value of all
real and personal property within the city, except as otherwise provided in the
Local Government Securities Law and the Consolidated Local Improvements Law, as
amended from time to time.

time. The taxes so levied must be collected at the same time
and in the same manner and by the same officers, exercising the same functions,
as prescribed in the laws of the State of Nevada for collection of state and
county taxes. The revenue laws of the state, in every respect not inconsistent
with the provisions of this charter, are applicable to the levying, assessing
and collecting of the municipal taxes.

2. In the matter of the equalization of
assessments, the rights of the city and its inhabitants must be protected in
the same manner and to the same extent by the action of the county board of
equalization as are the state and county.

3. All forms and blanks used in levying,
assessing and collecting the revenues of the state and counties must, with such
alterations or additions as are necessary, be used in levying, assessing and
collecting the revenues of the city. The board of supervisors shall enact all such
ordinances as it deems necessary and not inconsistent with this charter and the
laws of the state for the prompt, convenient and economical collecting of the
revenue.

Sec. 8.020 Revenue ordinances. The
board of supervisors may pass and enact all ordinances necessary to carry into
effect the revenue laws in the city and to enlarge, fix and determine the
powers and duties of all officers in relation to those laws.

ARTICLE IX

Miscellaneous
Provisions

Sec. 9.010 Severability of
provisions. If any portion of this charter is held to be unconstitutional or
invalid for any reason by the decision of any court of competent jurisdiction,
the decision does not affect the validity of the remaining portion of this
charter. The legislature hereby declares that it would have passed the charter
and each portion thereof, irrespective of the portion which is deemed
unconstitutional or otherwise invalid.

Sec. 9.020 Effect of enactment of
charter.

1. All rights and property of every kind
and description which were vested in the city before the enactment of this
charter are vested in the same municipal corporation on the effective date of
this charter. No right or liability, either in favor of or against the
corporation existing at the time of becoming incorporated pursuant to this
charter, and no action or prosecution is affected by the change, but stands and
progresses as if no change had been made.

2. Whenever a different remedy is given
by this charter which is applicable to any right existing at the time of the
city becoming incorporated pursuant to this charter, that remedy is cumulative
to the remedy before provided, and may be used accordingly.

3. All ordinances and resolutions in
effect in the city before the effective date of this charter, unless they are
in conflict with the provisions of this charter, continue in full force and
effect until amended or repealed.

4. The enactment of this charter does not
effect any change in the legal identity of the city.

5. The enactment of this charter shall
not be construed to repeal or in any way affect or modify:

(a) Any special, local or temporary law.

(b) Any law or ordinance making an
appropriation.

(c) Any ordinance affecting any bond issue or by
which any bond issue has been authorized.

(d) The running of the statute of limitations in
force at the time this charter becomes effective.

(e) Any bond of any public officer.

Sec. 2. As used in sections
3 to 16, inclusive, of this act:

1. City means the City of Pahrump.

2. County means the County of Nye.

Sec. 3. 1. Within
30 days after the passage and approval of this act, the board of county
commissioners of the county shall designate a date on which an election will be
held on the question of incorporation. The date of the election must not be
earlier than 60 days or later than 90 days after the passage and approval of
this act.

2. The board of county commissioners
shall cause notice of the election to be published in a newspaper of general
circulation within the county at least one each week for 3 consecutive weeks.
The final publication of notice must be published before the day of the
election.

3. The notice must include a description
of the area proposed to be incorporated, the location of the polling places and
the date and time of the election.

Sec. 4. The ballots used for
the election held pursuant to section 3 of this act must be in substantially
the following form:

Shall the area described as
.......................... (describe area) be incorporated as the City of
Pahrump?

Yes
o No o

The voter shall mark the ballot by placing a cross (x) next
to the word yes or no.

Sec. 5. 1. At
least 10 days before the election held pursuant to section 3 of this act, the
county clerk shall cause to be mailed to each qualified elector a sample ballot
for his precinct with a notice informing the elector of the location of his
polling place.

2. The sample ballot must:

(a) Be in the form required by section 4 of this
act.

(b) Describe the area proposed to be
incorporated by assessors parcel maps, existing boundaries of subdivision or
parcel maps, identifying visible ground features, extensions of the visible
ground features, or by any boundary that coincides with the official boundary
of the state, a county, a city, a township, a section or any combination of
these.

3. As used in this section, qualified
elector means a person who is registered to vote in this state and is a
resident of the area to be included in the city, as shown by the last official
registration lists.

Sec. 6. 1. The
board of county commissioners shall canvass the votes cast in the election held
pursuant to section 3 of this act in the same manner as votes are canvassed in
a general election. Upon the completion of the canvass, the board shall
immediately notify the county clerk of the result.

2. The county clerk shall, upon receiving
notice of the canvass from the board of county commissioners, immediately cause
to be published a notice of the results of the election in a newspaper of
general circulation in the county. If the incorporation is approved by the
voters, the notice must include the class of the city according to population,
as described in NRS 266.055. The county clerk shall file a copy of the notice
with the secretary of state.

Sec. 7. Upon approval of the
incorporation by the voters, the board of county commissioners shall authorize
a land surveyor registered pursuant to chapter 625 of NRS to prepare a legal
description of the area of the city by metes and bounds and courses and
distances. The cost of the survey is a charge against the city.

Sec. 8. The costs incurred
by the board of county commissioners in carrying out the provisions relating to
the incorporation are a charge against the county if the incorporation is
disapproved by the voters, and a charge against the city if the incorporation is
approved by the voters.

Sec. 9. 1. Upon
approval of the incorporation by the voters, the board of county commissioners
shall designate a date on which an election to elect four supervisors and the
mayor of the city will be held. The election must be held not less than 60 days
nor more than 120 days after the election held pursuant to section 3 of this
act.

2. The county clerk shall publish or
cause to be published notice of the election in a newspaper of general
circulation in the city. The notice must be published once each week for 3
consecutive weeks. If no newspaper of general circulation is published in the
city, the county clerk shall post the notice in at least five public places in
the city.

Sec. 10. A person who wishes
to become a candidate for an elective office of the city must:

1. Reside within the boundaries of the
city; and

2. File an affidavit of candidacy with
the county clerk not less than 30 days or more than 90 days before the date of
the election held pursuant to section 9 of this act.

Sec. 11. 1. The
terms of the mayor and two of the supervisors elected pursuant to section 9 of
this act expire upon the election and qualification of the persons initially
elected to the board pursuant to subsection 1 of section 5.010. The terms of
the remaining supervisors expire upon the election and qualification of the
persons initially elected to the board pursuant to subsection 2 of that
section.

2. The four supervisors elected pursuant
to section 9 of this act shall, at the first meeting of the board after their
election and qualification, draw lots to determine the length of their
respective terms.

Sec. 12. Before the
incorporation of the city becomes effective, the board of supervisors of the
city may:

1. Prepare and adopt a budget;

2. Adopt ordinances;

3. Levy a tax ad valorem on property
within the area of the city, at the time and in the amount prescribed by law
for cities, for the fiscal year beginning on the date the incorporation of the
city becomes effective;

4. Negotiate an equitable apportionment
of the fixed assets of the county pursuant to section 14 of this act;

6. Negotiate contracts to provide
services for the city, including those services provided for by chapter 277 of
NRS; and

7. Negotiate contracts for the purchase
of equipment, materials and supplies.

Sec. 13. 1. During
the period from the filing of the notice of the results of the election by the
county clerk pursuant to section 6 of this act until the date the incorporation
of the city becomes effective, the county is entitled to receive the taxes and
other revenue from the city and shall continue to provide services to the city.

2. Except as otherwise provided in NRS
318.492, all special districts, except fire protection districts, located
within the boundaries of the city continue to exist within the city after the
incorporation becomes effective.

Sec. 14. 1. The
board of supervisors of the city and the board of county commissioners shall,
before the date the incorporation becomes effective or within 90 days after
that date, equitably apportion those fixed assets of the county which are
located within the boundaries of the city. The board of supervisors and the
board of county commissioners shall consider the location, use and types of
assets in determining an equitable apportionment between the county and the
city.

2. Any real property and its
appurtenances located within the city and not required for the efficient
operation of the countys duties must first be applied toward the citys share
of the assets of the county. Any real property which is required by the county
for the efficient operation of its duties must not be transferred to the city.

3. If an agreement to apportion the
assets of the county is not reached within 90 days after the incorporation of
the city, the matter may be submitted to arbitration upon the motion of either
party.

4. Any appeal of the arbitration award
must be filed with the district court within 30 days after the award is
granted.

Sec. 15. Any property
located within the city which was assessed and taxed by the county before
incorporation must continue to be assessed and taxed to pay for the
indebtedness incurred by the county before incorporation.

Sec. 16. 1. This
section and sections 2 to 15, inclusive, of this act become effective upon
passage and approval.

2. Section 1 of this act becomes
effective on July 1, 1992, if the incorporation of the city is approved by the
voters at the election held pursuant to section 3 of this act.

________

κ1991
Statutes of Nevada, Page 696κ

CHAPTER 278, AB 369

Assembly Bill No. 369Committee
on Government Affairs

CHAPTER 278

AN ACT relating to local governmental
finances; permitting a school district to consent to an assessment of its
property by a local improvement district or general improvement district; and
providing other matters properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 271.366 is
hereby amended to read as follows:

271.366 [All]Unless the board of trustees of the district consents to
the assessment, all property owned and used by a school district is
exempt from any assessment made pursuant to the provisions of this chapter.

Sec. 2. NRS 318.350 is
hereby amended to read as follows:

318.350 1. Except as
otherwise provided in subsection 2, such part of the expenses of making any
public improvement (to implement any one, all or any combination of basic
powers stated in NRS 318.116 and granted to any district in proceedings for its
organization or in any proceedings for its reorganization or as may be
otherwise provided by law), as the board determines by an affirmative vote of
at least two-thirds of its members, may be defrayed by special assessments upon
lands and premises abutting upon that part of the street or alley so improved
or proposed so to be, or the lands abutting upon the improvement and the other
lands as in the opinion of the board may be specially benefited by the
improvement.

2. [All]Unless the board of trustees of the district consents to
the assessment, all property owned and used by a school district is
exempt from any assessment made pursuant to the provisions of this chapter.

AN ACT relating to water pollution
control; expanding the requirement that the state environmental commission
determine the qualifications of certain persons operating package plants for
sewage treatment to include all plants for sewage treatment; authorizing the
commission to adopt regulations requiring certification by the state department
of conservation and natural resources of certain persons operating plants for
sewage treatment; and providing other matters properly relating thereto.

(a) Adopt regulations carrying out the
provisions of NRS 445.131 to 445.354, inclusive, including standards of water
quality and amounts of waste which may be discharged into the waters of the
state.

(b) Adopt regulations controlling the injection
of fluids through a well to prohibit those injections into underground water,
if it supplies or may reasonably be expected to supply any public water system,
as defined in NRS 445.376, which may result in that systems noncompliance with
any regulation regarding primary drinking water or may otherwise have an
adverse effect on human health.

(c) Advise, consult and cooperate with other
agencies of the state, the Federal Government, other states, interstate
agencies and other persons in furthering the provisions of NRS 445.131 to
445.354, inclusive.

(d) Determine and prescribe the qualifications and
duties of the supervisors and technicians responsible for the operation and
maintenance of [package] plants for
sewage treatment.

2. The commission
may by regulation require that supervisors and technicians responsible for the
operation and maintenance of plants for sewage treatment be certified by the
department. The regulations may include a schedule of fees to pay the costs of
certification. The provisions of this subsection apply only to a package plant
for sewage treatment whose capacity is more than 5,000 gallons per day and to
any other plant whose capacity is more than 10,000 gallons per day.

3. In
adopting regulations, standards of water quality and effluent limitations
pursuant to NRS 445.131 to 445.354, inclusive, the commission shall recognize
the historical irrigation practices in the respective river basins of this
state, the economy thereof and their effects.

[3.]4. The commission may hold hearings, issue
notices of hearings, issue subpenas requiring the attendance of witnesses and
the production of evidence, administer oaths and take testimony as it considers
necessary to carry out the provisions of [subsections
1 and 2]this section and for the
purpose of reviewing standards of water quality.

5. As used in this
section, plant for sewage treatment means any facility for the treatment,
purification or disposal of sewage.

Sec. 2. If the state
environmental commission requires certification of certain persons pursuant to
subsection 2 of NRS 445.201, the state department of conservation and natural
resources shall issue, without examination or qualification, provisional
certification to each person employed as a supervisor or technician responsible
for the operation and maintenance of a plant for sewage treatment on July 1,
1991. Such a provisional certification remains in effect until the employees
employment by that plant ceases for any reason.

Sec. 3. This act becomes
effective on July 1, 1991.

________

κ1991
Statutes of Nevada, Page 698κ

CHAPTER 280, AB 337

Assembly Bill No.
337Committee on Taxation

CHAPTER 280

AN ACT relating to taxation; requiring the
department of taxation to establish uniform standards and required training
concerning the assessment of property by county assessors; and providing other
matters properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 360.215 is
hereby amended to read as follows:

360.215 The department [may:

1. Assist]:

1. May assist the
county assessors in appraising property within their respective counties which
the ratio study shows to be [assessed at more or
less than 35 percent of its taxable value.

2. Consult]in need of reappraisal.

2. Shall consult with
and assist county assessors to develop and maintain standard assessment
procedures to be applied and used in all of the counties of the state, to [the end]ensure that
assessments of property by county assessors are made equal in each of the
several counties of this state.

3. [Visit]Shall visit a selective cross section of
assessable properties within the various counties in cooperation with the
county assessor and examine these properties and compare them with the tax roll
and assist the various county assessors in correcting any inequalities found to
exist with factors of equal value and actual assessed value considered, and
place upon the rolls any property found to be omitted from the tax roll.

4. [Carry]Shall carry on a continuing study, the object of
which is the equalization of property values between counties.

5. [Carry]Shall carry on a program of in-service training
for county assessors of the several counties of the state, and each year hold
classes of instruction in assessing procedure for the purpose of bringing each
county assessor and his authorized personnel the newest methods, procedures and
practices in assessing property. Expenses of attending such classes are a
proper and allowable charge by the board of county commissioners in each
county.

6. [Continually]Shall continually supervise assessment procedures
which are carried on in the several counties of the state and advise county
assessors in the application of such procedures. The department shall make a
complete written report to each session of the legislature, which must include
all reports of its activities and findings and all recommendations which it has
made to the several county assessors, and the extent to which [such]the recommendations
have been followed.

7. [Carry]Shall carry on a continuing program to maintain
and study the assessment of public utilities and all other property assessed by
the department to the end that [such]the assessment is equalized with the property
assessable by county assessors.

8. [Conduct]May conduct appraisals at the request of and in
conjunction with any county assessor when [such]the assessor considers such assistance necessary.

necessary. One-half of the cost of [such]the appraisal must be paid by the county. In lieu
of a cash payment, the county may provide labor, material or services having a
value equal to one-half of the appraisal cost.

9. Shall establish
and maintain a manual of assessment policies and procedures.

Sec. 2. NRS 360.230 is
hereby amended to read as follows:

360.230 The department shall [have the power:

1. To make
diligent investigation with reference to any]:

1. Diligently
investigate any class or kind of property believed to be escaping just
taxation. In pursuance thereof, the department may examine the books and
accounts of any person, copartnership or corporation doing business in the
state, when such an examination is deemed
necessary to a proper determination of the valuation of any property subject to
taxation, or the determination of any licenses for the conduct of any business,
or the determination of the net proceeds of any mine.

2. [To
require]Require county assessors,
county boards of equalization, county auditors or county treasurers to place
upon the roll any property found to be escaping taxation.

________

CHAPTER 281, AB 335

Assembly Bill No.
335Committee on Taxation

CHAPTER 281

AN ACT relating to property taxes;
revising the standards used by the department of taxation in conducting the
ratio study of the assessed value of property; and providing other matters
properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 361.333 is
hereby amended to read as follows:

361.333 1. Not later than
May 1 of each year, the department shall:

(a) Determine the ratio of the assessed value of
each type or class of property for which the county assessor has the
responsibility of assessing in each county to:

(1) The assessed value of comparable
property in the remaining counties.

(2) The taxable value of that type or
class of property within that county.

(b) Publish and deliver to the county assessors
and the boards of county commissioners of the counties of this state:

(1) [The
average ratio of assessed valuation to the taxable value of property in each
county and the state.

(2) The average
ratio of assessed valuation to the taxable value of property in each county.]A comparison of the latest median ratio, overall ratio
and coefficient of dispersion of the median for:

(2) A
determination of whether each county has adequate procedures to ensure that all
property subject to taxation is being assessed in a correct and timely manner.

(3) A summary for
each county of any deficiencies that were discovered in carrying out the ratio
study.

2. The ratio study must be conducted on
nine counties in one year and eight counties in the next year with the same
combination of counties being tested in alternate years.

3. [The
formulas and standard procedures used by the department in conducting the ratio
study must include a random sampling of property and sales and the use of the
mean, median, standard deviation and any other]In conducting the ratio study the department shall include an
adequate sample of each major property class and may use any statistical
criteria that will indicate an accurate ratio of taxable value to assessed
value and an accurate measure of assessment equality. [The
formulas and standard procedures are the mandatory formulas and procedures to
be used by the county assessors.]

4. During the month of May of each year,
the board of county commissioners, or a representative designated by the
boards chairman, and the county assessor, or a representative designated by
the assessor, of each county in which the ratio study was conducted shall meet
with the Nevada tax commission. The board of county commissioners and the
county assessor, or their representatives, shall:

(a) Present evidence to the Nevada tax
commission of the steps taken to ensure that all property subject to taxation within
the county has been assessed as required by law.

(b) Demonstrate to the Nevada tax commission
that any adjustments in assessments ordered in the preceding year as a result
of the appraisal procedure provided in paragraph (c) of subsection 5 have been
complied with.

5. At the conclusion of each meeting with
the board of county commissioners and the county assessor, or their
representatives, the Nevada tax commission [shall:]may:

(a) If it finds that all property subject to
taxation within the county has been assessed at the proper percentage, take no
further action.

(b) If it finds that any class of property [, as designated in the segregation of the tax roll
filed with the secretary of the state board of equalization pursuant to NRS
361.390,] is assessed at less or more than the proper percentage,
and if the board of county commissioners approves, order a specified percentage
increase or decrease in the assessed valuation of that class on the succeeding
tax list and assessment roll.

(c) If it finds the existence of underassessment
or overassessment wherein the ratio of assessed value to taxable value is less
than [30]32
percent or more than [37 1/2 percent
within each of the several classes of property]36 percent in any of the following classes:

(1) Improvement
values for the reappraisal area;

(2) Land values
for the reappraisal area; and

(3) Total property
values for each of the following use categories in the reappraisal area:

of the county which are required by law to be assessed at 35
percent of their taxable value, if in the nonreappraisal
area the approved land and improvement factors are not being correctly applied
or new construction is not being added to the assessment roll in a timely
manner, or if the board of county commissioners does not agree to an
increase or decrease in assessed value as provided in paragraph (b), order the
board of county commissioners to employ forthwith one or more qualified
appraisers approved by the department. The payment of such appraisers fees is
a proper charge against the county notwithstanding that the amount of such fees
has not been budgeted in accordance with law. The appraisers shall determine
whether or not the county assessor has assessed all real and personal property
in the county subject to taxation at the rate of assessment required by law.
The appraisers may cooperate with the department in marking their determination
if so agreed by the appraisers and the department, and shall cooperate with the
department in preparing a report to the Nevada tax commission. The report to
the Nevada tax commission must be made on or before October 1 following the
date of the order. If the report indicates that any real or personal property
in the county subject to taxation has not been assessed at the rate required by
law, a copy of the report must be transmitted to the board of county
commissioners by the department before November 1. The board of county
commissioners shall then order the county assessor to raise or lower the
assessment of such property to the rate required by law on the succeeding tax
list and assessment roll.

6. The Nevada tax commission may adopt
regulations reasonably necessary to carry out the provisions of this section.

7. Any county assessor who refuses to
increase or decrease the assessment of any property pursuant to an order of the
Nevada tax commission or the board of county commissioners as provided in this
section is guilty of malfeasance in office.

Sec. 2. This act becomes
effective on July 1, 1991.

________

κ1991
Statutes of Nevada, Page 702κ

CHAPTER 282, AB 498

Assembly Bill No.
498Select Committee on Corrections

CHAPTER 282

AN ACT relating to parole; changing the
time for the mandatory parole of certain offenders; and providing other matters
properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 213.1215 is
hereby amended to read as follows:

213.1215 1. Except as
otherwise provided in subsections 3, 4 and 5 and in cases where a consecutive
sentence is still to be served, if a prisoner sentenced to imprisonment for a
term of 3 years or more:

(a) Has not been released on parole previously
for that sentence; and

(b) Is not otherwise ineligible for parole,

he must be released on parole [9]12 months before the end of his term, as reduced
by any credits he has earned against his sentence. The board shall prescribe
any conditions necessary for the orderly conduct of the parolee upon his
release.

2. Each parole so released must be
supervised closely by the department, in accordance with the plan for
supervision developed by the executive officer pursuant to NRS 213.122.

3. If the board finds, at least 2 months
before a prisoner would otherwise be paroled pursuant to subsection 1, that
there is a reasonable probability that the prisoner will be a danger to public
safety while on parole, the board may require the prisoner to serve the balance
of his sentence and not grant the parole provided for in subsection 1.

4. If the prisoner is the subject of a
lawful request from another law enforcement agency that he be held or detained
for release to that agency, the prisoner must not be released on parole, but
released to that agency.

5. If the department has not completed
its establishment of a program for the prisoners activities during his parole
pursuant to this section, the prisoner must be released on parole as soon as
practicable after the prisoners program is established.

6. For the purposes of this section, the
determination of the [9-month]12-month period before the end of a prisoners term
must be calculated without consideration of any credits he may have earned
against his sentence had he not been paroled.

Sec. 2. A prisoner who meets
the requirements of NRS 213.1215 for release on parole and who has served all
but 9 to 12 months, inclusive, of his term, as reduced by any credits he has
earned against his sentence, as of the effective date of this act, must be
released on parole pursuant to the provisions of NRS 213.1215 as soon after the
effective date of this act as the program for his activities during parole is
established.

288.170 1. Each local
government employer which has recognized one or more employee organizations
shall determine, after consultation with the recognized organization or
organizations, which group or groups of its employees constitute an appropriate
unit or units for negotiating. The primary criterion for that determination
must be the community of interest among the employees concerned.

2. A principal, assistant principal or
other school administrator below the rank of superintendent, associate
superintendent or assistant superintendent shall not be a member of the same
bargaining unit with public school teachers unless the school district employs
fewer than five principals but may join with other officials of the same
specified ranks to negotiate as a separate bargaining unit.

3. A head of a department of a local
government, an administrative employee or a supervisory employee shall not be a
member of the same bargaining unit as the employees under his direction. Any
dispute between the parties as to whether an employee is a supervisor must be
submitted to the board. An employee organization which
is negotiating on behalf of two or more bargaining units consisting of firemen
or police officers, as defined in NRS 288.215, may select members of the units
to negotiate jointly on behalf of each other, even if one of the units consists
of supervisory employees and the other unit does not.

4. Confidential employees of the local
government employer must be excluded from any bargaining unit but are entitled
to participate in any plan to provide benefits for a group that is administered
by the bargaining unit of which they would otherwise be a member.

5. If any employee organization is
aggrieved by the determination of a bargaining unit, it may appeal to the
board. Subject to judicial review, the decision of the board is binding upon
the local government employer and employee organizations involved. The board
shall apply the same criterion as specified in subsection 1.

6. As used in this section, confidential
employee means an employee who is involved in the decisions of management
affecting collective bargaining.

________

κ1991
Statutes of Nevada, Page 704κ

CHAPTER 284, AB 74

Assembly Bill No.
74Committee on Judiciary

CHAPTER 284

AN ACT relating to horse racing; making
various changes related to the racing of animals; providing a penalty; and providing
other matters properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 466 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 15,
inclusive, of this act.

Sec. 2. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 3 to 10, inclusive, of this
act have the meanings ascribed to them in those sections.

Sec. 3. (Deleted by
amendment.)

Sec. 4. Chariot race means a horse race involving not more than
eight horses per heat in which a team of two horses pulls a cart with two
wheels.

Sec. 5. Commission means the Nevada racing commission.

Sec. 6. Cutter race means a horse race involving not more than eight
horses per heat in which a team of two horses pulls a cart with two sleigh
runners over snow.

Sec. 8. Heat means one of several installments of a race which has
two or more installments.

Sec. 9. Horse means any equine, including a mule.

Sec. 10. Pari-mutuel wagering means a system of placing wagers on a
horse or greyhound race whereby the wager is placed at a window and equipment
is used to pay a persons winnings in the precise amount of money wagered by
persons who did not win, after deducting taxes owed and commissions charged by
the race track.

Secs. 11-14. (Deleted by
amendment.)

Sec. 15. 1. It is unlawful for any person to use or be
responsible for the use of any electrical device or appliance to alter the
speed of a racing animal.

2. It is unlawful
for any person to:

(a) Possess, manufacture,
sell, distribute or market;

(b) Instruct another in
the use of; or

(c) Cause or be
responsible for an electrical current being discharged through,

an electrical or mechanical device or
other appliance designed specifically to increase or decrease the speed of an
animal during a race, other than a whip approved by the commission.

3. Any person who
violates the provisions of subsection 1 or 2 is guilty of a gross misdemeanor.

Sec. 16. NRS 466.060 is
hereby amended to read as follows:

466.060 1. The commission
shall appoint a [secretary]director of the commission who [shall
serve during]serves at the
pleasure of the commission. The [secretary]director shall keep a record of all proceedings
of the commission, and shall preserve all books, maps,
documents and papers belonging to the commission or entrusted to its care.

commission, and shall preserve all books, maps, documents
and papers belonging to the commission or entrusted to its care. The records of
the commission are open for inspection at all reasonable times. The [secretary]director
shall perform such other duties as the commission [may prescribe.]prescribes.

2. The commission may appoint such other
officers, clerks, stenographers, inspectors, experts, attorneys and employees
as [may be]are
necessary, all of whom [shall serve during]serve at the pleasure of the commission.

3. The personnel of the commission,
except clerical employees, are exempt from the provisions of chapter 284 of
NRS. They are entitled to such leaves of absence as the board prescribes, but
such leaves must not be of a lesser duration than those provided for other
state employees pursuant to chapter 284 of NRS.

4. No person is eligible to be appointed
by the commission, or to hold any office or position under the commission, who:

(a) Holds any official relation to any
association or corporation engaged in or conducting racing [within the State of Nevada;]in this state;

(b) Holds stock or bonds therein; or

(c) Has any other pecuniary
interest therein.

Sec. 17. NRS 466.1045 is
hereby amended to read as follows:

466.1045 1. Before the
running of any race meet licensed by the [Nevada
racing] commission, the licensee shall post with the commission a
bond executed by the licensee as principal, and by a corporation qualified [under]pursuant
to the laws of this state as surety, payable to the State of Nevada, and
conditioned upon the payment of all money due to the state, the payment of
purses to the participants, and the payment of the
employees of the licensee. The bond must be in such an amount as the commission
deems necessary, not to exceed [$50,000.]$100,00. In lieu of a bond, the licensee may
deposit with the commission [a like amount of]
lawful money of the United States or a certified check
in an amount not to exceed $100,000 or any other form of security
authorized by NRS 100.065. If security is provided in the form of a savings
certificate, certificate of deposit or investment certificate, the certificate
must state that the amount is not available for withdrawal except upon order of
the commission. After the race meet the posted cash, check,
bond or other security must be returned or exonerated as the case may
be, upon full performance by the licensee.

466.115 A license must not be issued to
conduct pari-mutuel wagering at a track which is less than 100 miles from
another track at which pari-mutuel betting is already licensed to be conducted
during the race meet of the track first licensed unless [the]:

1. A different
type of race is conducted at the second track; or

2. The second
track is a county fair race meeting authorized by the commission which does not
exceed [6]10
days in duration during that calendar year.

466.130 1. The Nevada racing
commission may issue licenses for the holding of [trotting
and pacing meetings and chariot races at which there may be offered stakes,
purses or awards.]:

(a) Trotting and pacing
meetings;

(b) Chariot races; and

(c) Cutter races,

at which pari-mutuel wagering will be
conducted.

2. The Nevada racing commission has
supervisory powers over such meetings and races and
those licensed in the same manner and to the same extent, where not
inappropriate, as it has by virtue of the provisions of this chapter over those
licensed under other provisions of this chapter. Every applicant shall pay a
license fee of not less than $25 nor more than $200 for each day that races are
held.

Sec. 20. NRS 466.220 is
hereby amended to read as follows:

466.220 1. Any person
failing to appear before the [Nevada racing]
commission at the time and place specified in answer to a summons issued
pursuant to NRS 466.180, or refusing to testify, is guilty of a misdemeanor.

2. Any person aiding or abetting in the
conduct of any meeting [within the State of Nevada]in this state at which races of horses or greyhounds
are permitted for any stake, purse or reward, except in accordance with a
license [duly] issued and
unsuspended or unrevoked by the [Nevada racing]
commission, is guilty of a gross misdemeanor.

3. [Any]Except as otherwise provided by this section or other
specific statute, any violation of the provisions of this chapter [,] or the regulations of the commission [, for which no other penalty is provided in this
section] is a misdemeanor.

Sec. 21. NRS 466.020 is
hereby repealed.

________

CHAPTER 285, AB 31

Assembly Bill No.
31Committee on Health and Welfare

CHAPTER 285

AN ACT relating to the treatment of
alcohol and drug abuse; prohibiting a person who is not certified as an alcohol
and drug abuse counselor by the bureau of alcohol and drug abuse in the
rehabilitation division of the department of human resources from representing
himself as a certified counselor; providing a penalty; and providing other
matters properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 458 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. No person may
hold himself out to the public as an alcohol and drug abuse counselor, employ
or use the title alcohol and drug abuse counselor, substance abuse
counselor or any similar title in connection with his work, or in any way imply that he is a certified alcohol
and drug abuse counselor without being certified as a counselor by the bureau.

his work, or in any way imply that he
is a certified alcohol and drug abuse counselor without being certified as a
counselor by the bureau.

2. If the bureau
believes from satisfactory evidence presented to it that any person has
violated or is about to violate the provisions of subsection 1, it may bring an
action in a court of competent jurisdiction to enjoin that person from engaging
in or continuing the violation. Such an injunction:

(a) May be issued without
proof of actual damage sustained by any person.

(b) Does not preclude
criminal prosecution and punishment of a violator.

3. Any person who
violates the provisions of subsection 1 is guilty of a misdemeanor.

________

CHAPTER 286, AB 23

Assembly Bill No.
23Committee on Health and Welfare

CHAPTER 286

AN ACT relating to public services for
children; increasing the percentage of the total number of children receiving
certain assistance who may have been in foster care for more than 24 months;
and providing other matters properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 432.025 is
hereby amended to read as follows:

432.025 [1. Beginning
October 1, 1983, not]Not more than
[45]60 percent
of the total number of children for whom maintenance is provided pursuant to
Part E of Title IV of the Social Security Act (42 U.S.C. §§ 670 et seq.) may
have been in foster care for more than 24 months.

[2. Commencing
with the federal fiscal year beginning October 1, 1984, the welfare division
shall reduce by 1 percent each fiscal year the total number of children for
whom maintenance is so provided and who have been in foster care for more than
24 months.]

________

κ1991
Statutes of Nevada, Page 708κ

CHAPTER 287, SB 214

Senate Bill No. 214Committee
on Judiciary

CHAPTER 287

AN ACT relating to statutes; ratifying
technical corrections made to sections of NRS and to multiple amendments of
sections of NRS; correcting the effective date of, correcting certain
provisions in, and repealing certain provisions in Statutes of Nevada 1987 and
Statutes of Nevada 1989; and providing other matters properly relating thereto.

Sec. 8. 1. Sections
1, 2 and 6 of this act become effective on July 1, 1986, but if, before that
date, the Federal Government authorizes a maximum speed limit greater than 60
miles per hour, those sections become effective on the date that limit takes
effect.

2. Section 3 of
this act becomes effective on July 1, 1986, but if, before that date, the
Federal Government authorizes a maximum speed limit greater than 60 miles per
hour, that section becomes effective on the date that limit takes effect or at
12:01 a.m. on July 1, 1985, whichever is later.

3. If the
Federal Government withholds money from this state that it would have received
but for the provisions of this act, sections 1, 2, 3 and 6 of this act expire
by limitation on the date that the money is actually withheld.

4. [If Nevada is authorized by the Federal Government to
impose a maximum speed limit of or greater than 70 miles per hour, section]Section 5 of this act becomes effective on [the effective date of that authorization, but only if
that authorization becomes effective on or before] July 1, [1986. If that section takes effect, it expires by
limitation on July 2, 1989.]1987.

5. This section
and section 7 of this act become effective on July 1, 1985.

6. Section 4 of
this act becomes effective at 12:01 a.m. on July 1, 1985.

271.415 1. In
case of an election to pay in installments, the assessment [is payable in not less than 2 nor more than 20
substantially equal annual installments, or not less than 4 nor more than 40
substantially equal semiannual installments, or not less than 8 nor more than
80 quarterly installments of principal.]may
be made payable in any manner sufficient to pay the principal and interest in
not less than 2 nor more than 21 years after the effective date of the
assessment ordinance.

2. Interest in
all cases on the unpaid balance accruing from the effective date of the
assessment ordinance until the respective due dates on the installments is
payable [annually, semiannually or quarterly.]at the times specified by the governing body in the
assessment ordinance. Except as otherwise provided in sections 2 and 6
of [this act,]chapter 107, Statutes of Nevada 1989, the governing
body shall:

(a) Before assessment
bonds are issued or if bonds are not issued, fix the rate or rates of the interest on the unpaid balance of the
assessment by resolution at any time after the adoption of the assessment
ordinance; or

(b) If assessment
bonds are sold, fix or adjust the rate or rates of
interest on the unpaid balance of the assessment due after the date the bonds
are sold at no more than 1 percent above the highest rate
of interest payable on the assessment bonds [.

3. Nothing
herein contained limits]at any maturity.

3. This
section does not limit the discretion of the governing body in
determining whether assessments are payable in installments and the time the
first installment of principal or interest, or both, and any subsequent
installments thereof, are due.

4. The
governing body in the assessment ordinance shall state the number of installments
in which assessments may be paid, the period of payment, any privileges of
making prepayments and any premium to be paid to the municipality for
exercising any such privilege, the rate of interest upon the unpaid balance of
the assessment and accrued interest after any delinquency at a rate not
exceeding 2 percent per month, and any penalties and collection costs payable
after delinquency.

5. The county
or municipal officer who has been directed by the governing body to collect
assessments shall give notice by publication or by mail of any installment
which is payable and of the last day for its payment as provided [herein]in this
section and in the assessment ordinance.

Sec. 3. Sections 5 and 7 of
chapter 213, Statutes of Nevada 1989, at page 476, is hereby amended to
read as follows:

Sec. 5. NRS
483.840 is hereby amended to read as follows:

483.840 1. The
form of the identification cards must be similar to that of drivers licenses
but distinguishable in color or otherwise.

2. Identification
cards do not authorize the operation of any motor vehicles.

3. Identification
cards must include the following information concerning the holder:

(a) Name and sample
signature of holder.

(b) [Social security number or serial number of holders
card.]The unique identification number
assigned to the holder based on the holders Social Security number, if any.

(f) A colored
photograph of the holder in full face if he is 21 years of age or older, or a
colored photograph in profile if he is under 21 years of age.

4. A person may
attach to his identification card any document which identifies him as a donor
of all or part of his body pursuant to NRS 451.500 to 451.585, inclusive, and
sections 2 to 11, inclusive, of [this act.]chapter 200, Statutes of Nevada 1989.

Sec. 7. Sections
4 and 5 of this act become effective at 12:01 a.m. on October 1, 1989.

(a) Set
the prices for the publications [enumerated
in subsection 1 must be set by the legislative commission.]sold pursuant to subsection 1.

(b) Charge
and collect a fee to cover the costs of postage and handling related to the
sale of copies of Nevada Reports.

3. No volume
may be sold or delivered until the purchase price for the volume [has]and the fee
for postage and handling have been paid.

4. Money
received from the sale of Nevada Reports , excluding any
money collected for postage and handling, must be deposited in the state
general fund. Money received from the sale of all other publications enumerated
in subsection 1 and any money collected for postage and
handling related to the sale of Nevada Reports must be deposited in the
legislative fund.

108.239 1. Liens
may be enforced by an action in any court of competent jurisdiction, on setting
out in the complaint the particulars of the demand, with a description of the
premises to be charged with the lien.

2. At the time
of filing the complaint and issuing the summons, the plaintiff shall [cause]:

(a) File
a notice of pendency of the action in the manner provided in NRS 14.010; and

(b) Cause
a notice to be published at least once a week for 3 successive weeks, in
one newspaper published in the county, and if there is no newspaper published
in the county, then in such mode as the court may determine, notifying all
persons holding or claiming liens [under]pursuant to the provisions of NRS 108.221 to
108.246, inclusive, on the premises to file with the clerk and serve on the
plaintiff and also on the defendant, if the defendant is within the state or is
represented by counsel, written statements of the facts constituting their
liens, together with the dates and amounts thereof. The statements must be
filed within 10 days [of]after the last publication of the notice. The plaintiff
and other parties adversely interested must be allowed 5 days to answer the
statements.

3. If it
appears from the records of the county recorder that there are other lien
claims recorded against the same premises at the time of the commencement of
the action, the plaintiff shall, in addition to and after the initial
publication of the notice as provided in paragraph (b)
of subsection 2, mail to those other lien claimants, by registered or
certified mail, or deliver in person a copy of the notice as published.

4. At the time
of any change in the venue of the action, the plaintiff shall [record]file a
notice of pendency of the action, in the manner provided in NRS 14.010, and
include in the notice the court and county to which the action is changed.

5. The court
shall enter judgment according to the right of the parties, and shall, by
decree, proceed to hear and determine the claims in a summary way, or may, if
it be the district court, refer the claims to a master to ascertain and report
upon the liens and the amount justly due thereon. All liens not so exhibited
shall be deemed to be waived in favor of those which are so exhibited.

6. On
ascertaining the whole amount of the liens with which the premises are justly
chargeable, as provided in NRS 108.221 to 108.246, inclusive, the court shall
cause the premises to be sold in satisfaction of the liens and costs, including
costs of suit, and any party in whose favor judgment may be rendered may cause
the premises to be sold within the time and in the manner provided for sales on
execution, issued out of any district court, for the sale of real property.

7. If the
proceeds of sale, after the payment of costs, are not sufficient to satisfy the
whole amount of the liens included in the decree of sale, the proceeds must be
apportioned according to the right of the several
parties.

several parties. If the proceeds of
the sale amount to more than the sum of the liens and the cost of sale, the
remainder must be paid over to the owner of the property.

8. Each party
whose claim is not satisfied in the manner provided in this section is entitled
to personal judgment for the residue against the party legally liable for it if
that person has been personally summoned or has appeared in the action.

Section 1. Chapter
202 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except
as otherwise provided in this section, a person shall not carry or possess,
while on the property of the University of Nevada System or a private or public
school, or in a vehicle of a private or public school:

(a) An
explosive or incendiary device;

(b) A
dirk, dagger or switchblade knife;

(c) A
nunchaku or trefoil;

(d) A
blackjack or billy club or metal knuckles; or

(e) A
pistol, revolver or other firearm.

2. Any
person who violates subsection 1 is guilty of a gross misdemeanor.

3. This
section does not prohibit the possession of a weapon listed in subsection 1 on
the property of a private or public school by a:

(a) Peace
officer;

(b) School
security guard; or

(c) Person
having written permission from the president of the university or community
college or the principal of the school to carry or possess the weapon.

4. For
the purposes of this section:

(a) Explosive
or incendiary device has the meaning ascribed to it in NRS 202.260.

(b) Nunchaku
has the meaning ascribed to it in NRS 202.350.

(c) Switchblade
knife has the meaning ascribed to it in NRS 202.350.

(d) Trefoil
has the meaning ascribed to it in NRS 202.350.

(e) Vehicle
has the meaning ascribed to it in NRS 484.148.

2. Chapter 311, Statutes of Nevada
1989, at page 656, is hereby amended by adding thereto a new section to be
designated as section 1.5, immediately following section 1, to read as follows:

Sec. 1.5 NRS
202.253 is hereby amended to read as follows:

202.253 As used
in NRS 202.255 to 202.360, inclusive, [and]
section 1 of [this act,]chapter 580, Statutes of Nevada 1989 and section 1 of this
act, firearm means any weapon with a caliber of .177 inches or greater
from which a projectile may be propelled by means of explosive, spring, gas,
air or other force.

625.295 1. The
board shall issue a certificate of registration to any applicant who, in the
opinion of the board, has satisfactorily met all the requirements of this
chapter concerning [registered]professional land surveyors.

2. Certificates
of registration must:

(a) Show the full name
of the registrant.

(b) Have a [serial]registration
number.

(c) Be signed by the
chairman and [secretary]executive director under the seal of the board.

(d) Authorize the
practice of land surveying.

3. The issuance
of a certificate of registration by the board is evidence that the person named
thereon is entitled to all the rights and privileges of a [registered]professional
land surveyor while the certificate remains unrevoked or unexpired.

78.378 1. The provisions of NRS 78.378 to
78.3793, inclusive, are applicable to any acquisition of a controlling interest
in an issuing corporation unless [, before an
acquisition is made,] the articles of incorporation or bylaws of
the corporation in effect on the 10th day following the
acquisition of a controlling interest by an acquiring person provide
that the provisions of those sections do not apply.

2. The
articles of incorporation, the bylaws or a resolution adopted by the directors
of the issuing corporation may impose stricter requirements on the acquisition
of a controlling interest in the corporation than the provisions of NRS 78.378
to 78.3793, inclusive.

3. The
provisions of NRS 78.378 to 78.3793, inclusive, do not restrict the directors
of an issuing corporation from taking action to protect the interests of the
corporation and its stockholders, including, but not limited to, adopting or
executing plans, arrangements or instruments that deny rights, privileges,
power or authority to a holder of a specified number of shares or percentage of
share ownership or voting power.

533.380 1. In
his endorsement of approval upon any application, the state engineer shall:

(a) Set a time before
which the construction of the work must be completed, which must be within 5
years of the date of such approval.

(b) Except as otherwise provided in this paragraph, set a time before
which the complete application of water to a beneficial use must be made, which
must not exceed 10 years after the date of the approval. The time set under
this paragraph respecting an applicant for a permit to apply water to a
municipal or quasi-municipal use on any land [for]:

(1) For
which a final subdivision map has been recorded pursuant to chapter 278
of NRS ;

(2) For
which a plan for the development of a project has been approved by the local
government pursuant to NRS 278.010 to 278.460, inclusive; or

(3) On
any land for which a plan for the development of a planned unit development has
been recorded pursuant to chapter 278A of NRS, must not be less than 5
years.

2. The state
engineer may limit the applicant to a smaller quantity of water, to a shorter [period]time for
the completion of work, and, except as otherwise provided
in paragraph (b) of subsection 1, to a shorter [period]time for the perfecting of the application than
named in the application.

3. Except as otherwise provided in subsection 4 [,]and subject to
the provisions of NRS 533.395, the state engineer may, for good cause
shown, extend the time within which construction work must be completed, or
water must be applied to a beneficial use under any permit therefor issued by
him, but an application for the extension must in all cases be made within 30
days following notice by registered or certified mail that proof of the work is
due as provided for in NRS 533.390 and 533.410.

4. [Whenever]Subject
to the provisions of NRS 533.395, whenever the holder of a permit issued
for any municipal or quasi-municipal use of water on any land [for which a final subdivision map has been recorded
pursuant to chapter 278 of NRS,]referred
to in paragraph (b) of subsection 1, or for any use which may be served
by a county, city, town, public water district or public water company,
requests an extension of time to apply the water to a beneficial use, the state
engineer shall, in determining whether to grant or deny the extension,
consider, among other [reasons:]factors:

(a) Whether the holder
has shown good cause for not having made a complete application of the water to
a beneficial use;

(b) The number of
parcels [of land] and commercial or
residential units which are contained in or planned for the [subdivision]land
being developed or the area being served by the county, city, town,
public water district or public water company;

(c) Any economic
conditions which affect the ability of the holder to make a complete
application of the water to a beneficial use; [and]

(d) Any delays in the
development of the [subdivision]land or the area being served by the county, city,
town, public water district or public water company which were caused by
unanticipated natural conditions [.]; and

(e) The
period contemplated in the:

(1) Plan
for the development of a project approved by the local government pursuant to
NRS 278.010 to 278.460, inclusive; or

(2) Plan
for the development of a planned unit development recorded pursuant to chapter
278A of NRS,

176.059 1. [When]Except as
otherwise provided in subsection 2, when a defendant pleads or is found
guilty of a misdemeanor, including the violation of any municipal ordinance, [except one regulating metered parking,] the
justice or judge shall include in the sentence the sum prescribed by the
following schedule as an administrative assessment and render a judgment
against the defendant for the assessment:

(b) An
ordinance which is specifically designated as imposing a civil penalty or
liability pursuant to NRS 268.019 or section 1 of this act.

3. The
money collected for an administrative assessment must not be deducted from the
fine imposed by the justice or judge but must be taxed against the defendant in
addition to the fine. The money collected for an administrative assessment must
be stated separately on the courts docket and must be included in the amount
posted for bail. If the defendant is found not guilty or the charges are
dropped, the money deposited with the court must be returned to the defendant.

[3.]4. The money collected for
administrative assessments in municipal court must be paid by the clerk of the
court to the city treasurer on or before the fifth day of each month for the
preceding month. The city treasurer shall distribute, on or before the 15th day
of that month, the money received in the following amounts for each assessment
received:

(a) One dollar and
fifty cents to the county treasurer for credit to a special account in the
county general fund for the use of the countys juvenile court or for services
to juvenile offenders.

(b) Two dollars and
fifty cents for credit to a special account in the municipal general fund for
the use of the municipal courts.

(c) The remainder of
each assessment to the state treasurer for credit to a special account in the
state general fund.

[4.]5. The money collected for
administrative assessments in justices courts must be paid by the clerk of the
court to the county treasurer on or before the fifth day of each month for the
preceding month. The county treasurer shall distribute, on or before the 15th
day of that month, the money received in the following
amounts for each assessment received:

of that month, the money received
in the following amounts for each assessment received:

(a) One dollar and
fifty cents for credit to a special account in the county general fund for the
use of the countys juvenile court or for services to juvenile offenders.

(b) Two dollars and
fifty cents for credit to a special account in the county general fund for the
use of the justices courts.

(c) The remainder of
each assessment to the state treasurer for credit to a special account in the
state general fund.

[5.]6. The money apportioned to a
juvenile court or a municipal court pursuant to this section must be used, in
addition to providing services to juvenile offenders in the juvenile court, to
improve the operation of the court and to acquire a computer or the use of one.

[6.]7. Of the total amount deposited in
the state general fund pursuant to subsections [3
and 4,]4 and 5, the state
controller shall distribute the money received to the following public agencies
in the following amounts for each assessment received up to the amounts
authorized by the legislature:

(a) Six dollars to the
office of the court administrator for allocation as follows:

(1) One dollar
and fifty cents for the administration of the courts.

(2) Eighty cents
for the development of a uniform system for judicial records.

(3) Seventy
cents for continuing judicial education.

(4) Three
dollars for the supreme court.

(b) Based upon the
availability of money from the assessment and to the extent of legislative
authorization, not more than $1 for the peace officers standards and training
committee of the department of motor vehicles and public safety for the
continuing education of persons whose primary duties are law enforcement.

(c) The remainder of
any amount so deposited must be used to the extent of legislative authorization
for the support of:

(1) The central
repository for Nevada records of criminal history;

(2) The
activities of the investigation division of the department of motor vehicles
and public safety related to law enforcement;

(3) The
operation by the Nevada highway patrol of a computerized switching system for
information related to law enforcement; and

Sec. 2. 1. A
district attorney may create within his office a program for restitution for
persons referred to the district attorney by a law enforcement officer who has
probable cause to believe the person violated subsection
9 of section 13 of chapter 567, Statutes of Nevada 1989, or NRS 205.130
or 205.380. The program may be conducted by the district attorney in
conjunction with the county sheriff, police department or any other law
enforcement agency in whose jurisdiction a violation of subsection
9 of section 13 of chapter 567, Statutes of Nevada 1989, or NRS 205.130
or 205.380 has occurred, or by a private entity under contract with the
district attorney.

2. The district
attorney may adopt standards for the law enforcement agency which indicate the
minimum requirements of investigation by the agency for its referral of a
person to the district attorney for acceptance in the program.

3. If such a
person is referred to the district attorney, the district attorney shall
determine if the person is appropriate for acceptance in the program. The
district attorney may consider:

(a) The amount of the
check or draft drawn or passed without sufficient money or credit to pay it in
full;

(b) The prior criminal
record of the person;

(c) Prior referrals of
the person to the program;

(d) The number of times
the person has violated subsection 9 of section 13 of
chapter 567, Statutes of Nevada 1989, or NRS 205.130 or 205.380;

(e) Whether other
allegations of drawing or passing checks or drafts without sufficient money or
credit to pay them in full are pending against the person; and

(f) The strength of the
evidence, if any, of the persons intent to defraud the alleged victim.

4. Except as
otherwise provided in section 5 of this act, this section does not limit the
authority of the district attorney to prosecute violations of subsection 9 of section 13 of chapter 567, Statutes of Nevada
1989, or NRS 205.130 or 205.380.

707.360 1. The
rehabilitation division of the department of human resources shall develop and
administer a program whereby [any]:

(a) Any
person who is a customer of a telephone company which provides service
through a local exchange and who is certified by
the division to be deaf or to have severely impaired speech or hearing may
obtain a device for telecommunication capable of serving the needs of such
persons at no charge to the customer beyond the rate for basic service [.]; and

(b) Any
person who is deaf or has a severely impaired speech or hearing may communicate
by telephone with other persons through a dual-party relay system.

The program must be approved by the
public service commission of Nevada.

2. A surcharge
is hereby imposed on each access line of each customer to the local exchange of
any telephone company providing such lines in this state which is sufficient to
cover the costs of the program. The commission shall establish by regulation
the amount to be charged. Those companies shall collect the surcharge from
their customers and transfer the money collected to the commission pursuant to
regulations adopted by the commission.

3. The account
for telecommunication and relay services for
persons with impaired speech or hearing is hereby created within the state
general fund and must be administered by the division. Any money collected from
the surcharge imposed pursuant to subsection 2 must be deposited in the state
treasury for credit to the account. The money is the account may be used only:

(a) For the purchase,
maintenance, repair and distribution of the devices for telecommunication [;], including
the distribution of devices to state agencies and nonprofit organizations;

(b) To establish and maintain the dual-party relay system;

(c) To
reimburse telephone companies for the expenses incurred in collecting
and transferring to the commission the surcharge imposed by the commission;

[(c)](d) For the general administration of the
program; and

[(d)](e) To train persons in the use of the
devices.

4. For the
purposes of this section [, a device]:

(a) Device
for telecommunication means a device which has a keyboard used to send
messages by telephone, which visually displays or prints messages received and
which is compatible with the system of telecommunication with which it is being
used.

(b) Dual-party
relay system means a system whereby persons who have impaired speech or
hearing, and who have been furnished with devices for telecommunication, may
relay communications through third parties to persons who do not have access to
such devices.

483.460 1. Unless
otherwise provided by statute, the department shall revoke the license, permit
or privilege of any driver upon receiving a record of his conviction of any of
the following offenses, when that conviction has become final, and the driver
is not eligible for a license, permit or privilege to drive for the period
indicated:

(a) For a period of 3
years if the offense is:

(1) Violation of
NRS 484.3795 or subsection 2 of NRS 484.377 or homicide resulting from driving
a vehicle while under the influence of intoxicating liquor or a controlled
substance.

(1) Any other
manslaughter resulting from the driving of a motor vehicle or felony in the
commission of which a motor vehicle is used, including the unlawful taking of a
motor vehicle.

(2) Failure to
stop and render aid as required under the laws of this state in the event of a
motor vehicle accident resulting in the death or bodily injury of another.

(3) Perjury or
the making of a false affidavit or statement under oath to the department under
NRS 483.010 to 483.630, inclusive, or under any other law relating to the
ownership or driving of motor vehicles.

(4) Conviction,
or forfeiture of bail not vacated, upon three charges of reckless driving
committed within a period of 12 months.

(5) A second
violation within 7 years of NRS 484.379 and the driver is not eligible for a
restricted license during any of that period.

(6) A violation
of NRS 484.348.

(c) For a period of 90
days, if the offense is a first violation within 7 years of NRS 484.379.

2. The
department shall revoke the license, permit or privilege of a driver convicted
of violating NRS 484.379 who fails to complete the educational course on the
use of alcohol and controlled substances within the time ordered by the court
and shall add a period of 90 days during which the driver is not eligible for a
license, permit or privilege.

3. When the
department is notified by a court that a person who has been convicted of
violating NRS 484.379 has been permitted to enter a program of treatment
pursuant to NRS 484.3794 the department shall reduce by half the period during
which he is not eligible for a license, permit or privilege to drive, but shall
restore that reduction in time if notified that he was not accepted for or
failed to complete the treatment.

4. The
department shall revoke the license, permit or privilege of a driver who is
required to install a device pursuant to section 4 of [this
act]chapter 742, Statutes of Nevada 1989,
but operates a motor vehicle without such a device:

(a) For 1 year if it
is his first such offense during the period of required use of the device.

(b) For 5 years if it
is his second such offense during the period of required use of the device.

5. When
the department is notified that a court has, pursuant to section 1 of chapter
160, Statutes of Nevada 1989, ordered the suspension or delay in issuance of a
childs license, the department shall take such actions as are necessary to
carry out the courts order.

639.282 1. Except
as otherwise provided in NRS 639.267, it is unlawful for any person to have in
his possession, or under his control, for the purpose of resale, or to sell or
offer to sell or dispense or give away, any pharmaceutical preparation, drug or
chemical which:

(a) Has been dispensed
pursuant to a prescription or chart order and has left the control of a
registered pharmacist or practitioner;

(b) Has been damaged
or subjected to damage by heat, smoke, fire or water, or other cause which
might reasonably render it unfit for human or animal use;

(c) Has been obtained
through bankruptcy or foreclosure proceedings, or other court action, auction
or other legal or administrative proceedings, except when the pharmaceutical
preparation, drug or chemical is in the original sealed container;

(d) Is no longer safe
or effective for use, as indicated by the expiration date appearing on its
label; or

(e) Has not been properly
stored or refrigerated as required by its label.

2. The
provisions of subsection 1 do not apply if the person in whose possession the
pharmaceutical preparation, drug or chemical is found also has in his
possession a valid and acceptable certification of analysis attesting to the
purity and strength of the pharmaceutical preparation, drug or chemical and
attesting to the fact that it can be safely and effectively used by humans or
animals. The preparation, drug or chemical must not be sold or otherwise
disposed of until the certification required by this subsection has been
presented to and approved by the board.

3. In the
absence of conclusive proof that the preparation, drug or chemical can be used
safely and effectively by humans or animals, it must be destroyed under the
direct supervision of a member or an inspector of
the board [.], or two persons designated as agents by the board who include
an inspector of a health care board, a licensed practitioner of a health care
board or a peace officer of an agency that enforces the provisions of chapters
453 and 454 of NRS.

4. As
used in this section, health care board includes the state board of pharmacy,
the state board of nursing, the board of medical examiners and the Nevada state
board of veterinary medical examiners.

2. Chapter 630, Statutes of Nevada
1989, at page 1450, is hereby amended by adding thereto a new section to be
designated as section 2, immediately following section 1, to read as follows:

Sec. 2. This
act becomes effective at 12:01 a.m. on October 1, 1989.

Sec. 18. Chapter 636, Statutes
of Nevada 1989, at page 1473, is hereby amended by adding thereto new
sections to be designated as sections 13.1 to 13.7, inclusive, immediately
following section 13, to read respectively as follows:

489.4975 1. When
any person obtains a final judgment in any court of competent jurisdiction
against any licensee under this chapter in an action described in NRS 489.4973,
the judgment creditor may, upon termination of all proceedings, including
appeals in connection with any judgment, file a verified petition in the court
in which the judgment was entered for an order directing payment out of the [fund]account in
the amount of actual damages included in the judgment and unpaid, but not more
than $25,000 per claimant and the liability of the [fund]account may not exceed $100,000 for any licensee.

2. A copy of
the petition must be served upon the administrator and an affidavit of service
filed with the court.

3. The court
shall act upon the petition within 30 days after service and, upon the hearing
of the petition, the judgment creditor must show that:

(a) He is not the
spouse of the judgment debtor, or the personal representative of that spouse.

(b) He has complied
with all the requirements of NRS 489.4971 to 489.4989, inclusive.

(c) He has obtained a
judgment of the kind described in subsection 1, stating the amount of the
judgment and the amount owing on it at the date of the petition.

(d) A writ of
execution has been issued upon the judgment and that no assets of the judgment
debtor liable to be levied upon in satisfaction of the judgment could be found,
or that the amount realized on the sale of any of them as were found under the
execution was insufficient to satisfy the judgment, stating the amount so
realized and the balance remaining due.

(e) He and the
division have made reasonable searches and inquiries to ascertain whether the
judgment debtor possesses real or personal property or other assets, liable to
be sold or applied in satisfaction of the judgment.

(f) The petition has
been filed no more than 1 year after the termination of all proceedings,
including reviews and appeals, in connection with the judgment.

Sec. 13.2. NRS
489.4977 is hereby amended to read as follows:

489.4977 1. The
administrator may answer and defend any action against the [fund]account in
the name of the defendant and may use any appropriate method of review on
behalf of the [fund.]account.

2. The judgment
set forth in the petition must be considered as prima facie evidence only and
the findings of fact in it are not conclusive for the purposes of this chapter.

3. The
administrator may, subject to court approval, compromise a claim based upon the
application of the judgment creditor. He shall not be bound by any prior
compromise of the judgment debtor.

Sec. 13.3 NRS
489.4979 is hereby amended to read as follows:

489.4979 After the hearing,
if the court finds that a claim may be made against the [fund,]account, the court shall enter an order directing
the administrator to pay from the [fund]account an amount within the limitations set by
NRS 489.4975 and 489.4983.

489.4981 If the
administrator pays any amount in settlement of a claim or towards satisfaction
of a judgment against a licensee from the [fund,]account, the license is automatically suspended
upon the effective date of an order by the court authorizing payment from the [fund.]account. A
licensee may not be granted reinstatement until he has repaid in full, plus
interest at the rate of 12 percent per annum, the amount paid from the [fund]account on
his behalf. Interest is to be computed from the date payment from the [fund]account is
made.

Sec. 13.5 NRS
489.4983 is hereby amended to read as follows:

489.4983 1. Whenever
multiple claims against a licensee are filed against the [fund]account and
they exceed in the aggregate $100,000, the maximum liability of the [fund]account for
the licensee must be distributed among the claimants in the ratio that their
respective claims bear to the total of all claims, or in any other manner that
the court may find equitable.

2. The
distribution must be made without regard to the order of priority in which the
claims were filed or judgments entered.

3. Upon the
petition of the administrator, the court may require all claimants and prospective
claimants to be joined in one action so that the respective rights of all
claimants may be equitably determined.

4. If, at any
time, the money deposited in the [fund]account is insufficient to satisfy any authorized
claim or portion of a claim, the administrator shall, when sufficient money has
been deposited in the [fund,]account, satisfy the unpaid claims or portions thereof,
in the order that the claims or portions thereof were originally filed, plus
accumulated interest at the rate of 6 percent per annum.

Sec. 13.6 NRS
489.4985 is hereby amended to read as follows:

489.4985 When
the administrator has paid from the [fund]account any sum to the judgment creditor, the
administrator is subrogated to all other rights of the judgment creditor and
the judgment creditor shall assign all his right, title and interest in the
judgment to the administrator and any amount and interest so recovered by the
administrator on the judgment must be deposited in the [fund.]account.

Sec. 13.7 NRS
489.4989 is hereby amended to read as follows:

489.4989 Nothing
contained in NRS 489.4971 to 489.4989, inclusive, limits the authority of the
administrator to take disciplinary action against a licensee for a violation of
any of the provisions of this chapter or of the regulations of the division,
nor does the repayment in full of obligations to the [fund]account by any licensee nullify or modify the
effect of any other disciplinary proceeding brought pursuant to the provisions
of this chapter or the regulations adopted under it.

(a) Prevent any
licensed physician, licensed nurse, licensed psychologist, certified alcohol or
drug abuse counselor [, licensed or ordained
minister in good standing within his denomination] or other
person licensed or certified by the state from carrying out the functions
permitted by his respective license or certification if the person does not
hold himself out to the public by any title and description of service likely
to cause confusion with the titles and descriptions of service set forth in
this chapter.

(b) Apply to any
activity or service of a student who is obtaining a professional education as
recognized by the board if the activity or service constitutes a part of the
students supervised course of study, the activities are supervised by a
licensee under this chapter and the student is designated by the title intern
in marriage and family therapy or any other title which clearly indicates his
status as a student.

(c) Apply to any
activity or service of an intern while he is obtaining the experience required
for licensing as a marriage and family therapist.

(d) Apply
to a licensed or ordained minister in good standing with his denomination whose
duty is primarily to serve his congregation and whose practice of marriage and
family therapy is incidental to his other duties if he does not hold himself
out to the public by any title or description of service that is likely to
cause confusion with the titles and descriptions or services set forth in this
chapter.

233B.039 1. The
following agencies are entirely exempted from the requirements of this chapter:

(a) The governor.

(b) The department of
prisons.

(c) The University of
Nevada System.

(d) The department of
the military.

(e) The state gaming
control board.

(f) The Nevada gaming
commission.

(g) The state board of
parole commissioners.

(h) The welfare
division of the department of human resources.

(i) The state board of
examiners acting pursuant to chapter 217 of NRS.

(j) The
office of the state engineer.

2. The
department of education, the committee on group insurance and the commission on
professional standards in education are subject to the provisions of this
chapter for the purpose of adopting regulations but not with respect to any
contested case.

3. The Nevada
state board of accountancy is not subject to the provisions of this chapter for
the purpose of adopting rules of professional conduct for accountants and
auditors.

4. The special
provisions of:

(a) Chapter 612 of NRS
for the distribution of regulations by and the judicial review of decisions of
the employment security department;

(b) Chapters 616 and
617 of NRS for the determination of contested claims;

(c) Chapter 703 of NRS
for the judicial review of decisions of the public service commission of
Nevada;

(d) Chapter 91 of NRS
for the judicial review of decisions of the administrator of the securities
division of the office of the secretary of state; and

(e) NRS 90.800 for the
use of summary orders in contested cases, prevail over the general provisions
of this chapter.

5. The
provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the
department of human resources in the adjudication of contested cases involving
the issuance of letters of approval for health facilities and agencies.

6. The
provisions of this chapter do not apply to any order for immediate action,
including but not limited to quarantine and the treatment or cleansing of
infected or infested animals, objects or premises, made under the authority of
the state board of agriculture, the state board of health, the state board of
sheep commissioners or any other agency of this state in the discharge of a
responsibility for the preservation of human or animal health or for insect or
pest control.

Sec. 22. NRS
641.312 is hereby amended to read as follows:

641.312 1. Any
person who has been placed on probation or whose license has been limited,
suspended or revoked is entitled to judicial review of the order.

2. Every order
which limits the practice of psychology or suspends or revokes a license is
effective from the date the board certifies the order until the date the order
is modified or reversed by a final judgment of the court. [The court shall not stay the order unless the board, a
panel of its members or the hearing officer has failed to comply with the
procedural requirements provided for in NRS 233B.140.]

3. The district
court shall give a petition for judicial review of the order priority over
other civil matters which are not expressly given priority by law.

Sec. 21. Chapter 723, Statutes
of Nevada 1989, at page 1672, is hereby amended by adding thereto a new
section to be designated section 4, immediately following section 3, to read as
follows:

Sec. 4. Section
3 of this act becomes effective at 12:01 a.m. on October 1, 1989.

639.040 1. The
board shall elect a president and a treasurer from among its members.

2. The board
shall employ a secretary, who must not be a member of the board. The secretary
shall keep a complete record of all proceedings of the board and of all
certificates issued, and shall perform such other duties as the board may from
time to time require, for which services he is entitled to receive a salary to
be determined by the board.

[The
secretary is entitled to receive his necessary expenses while engaged in the
business of the board, to be paid from money received by the board.]

3. The
secretary and the treasurer shall each give a satisfactory bond running to the
board in the sum of not less than $2,000, and such a greater sum as the board
may from time to time require, for the faithful discharge of their respective
duties. The premium or costs of [such]those bonds must be paid out of money received by
the board.

Sec. 26. NRS
639.050 is hereby amended to read as follows:

639.050 1. The
board shall hold a meeting at least once in every 6 months.

2. Four members
of the board constitute a quorum.

3. Meetings of
the board which are held to deliberate on the decision in an administrative
action or to prepare, grade or administer examinations are closed to the
public.

4. Each member
of the board is entitled to receive:

(a) A salary of not
more than $80 per day, as fixed by the board, while engaged in the business of
the board. [.

(b) Expenses
for subsistence and lodging, not to exceed the amount provided by law for state
employees, and expenses for transportation while traveling on business of the
board.]; and

(b) A
per diem allowance and travel expenses at a rate fixed by the board, while
engaged in the business of the board. The rate must not exceed the rate
provided for state officers and employees generally.

5. While
engaged in the business of the board, each employee of the board is entitled to
receive a per diem allowance and travel expenses at a rate fixed by the board.
The rate must not exceed the rate provided for state officers and employees
generally.

Sec. 68 NRS
445.451 is hereby amended to read as follows:

445.451 1. The
state environmental commission is hereby created in the state department of
conservation and natural resources. The commission consists of:

(a) The director of
the department of wildlife;

(b) The state forester
firewarden;

(c) The state
engineer;

(d) The executive
director of the state department of agriculture;

(e) The executive
director of the department of minerals;

(f) A member of the
state board of health to be designated by that board; and

(g) Five members
appointed by the governor , one of whom is a
person who is a general engineering contractor or a general building contractor
licensed pursuant to chapter 624 of NRS and one of whom possesses expertise in
performing mining reclamation.

2. The governor
shall appoint the chairman of the commission from among the members.

3. A majority
of the members constitutes a quorum and a majority of those present must concur
in any decision.

4. Each member
who is appointed by the governor is entitled to receive a salary of [$60]not more
than $80, as fixed by the commission, for each days attendance at a
meeting of the commission.

5. While engaged in the business of the commission, each member
and employee of the commission is entitled to receive the per diem allowance
and travel expenses provided for state officers and employees generally.

6. Any
person who receives or has during the previous 2 years received a significant
portion of his income, as defined by any applicable state or federal law,
directly or indirectly from one or more holders of or applicants for a permit
required by NRS 445.131 to 445.354, inclusive, is disqualified from serving as
a member of the commission. This subsection does not apply to any person who
receives or has received during the previous 2 years, a significant portion of
his income from any department or agency of state government which [may be]is a
holder of or an applicant for a permit required by NRS 445.131 to 445.354,
inclusive.

[6.]7. The state department of
conservation and natural resources shall provide technical advice, support and
assistance to the commission. All state officers, departments, commissions and
agencies, including the department of transportation, the department of wildlife,
the department of human resources, the University of Nevada System, the state
public works board, the department of motor vehicles and public safety, the
public service commission of Nevada and the state department of agriculture may
also provide technical advice, support and assistance to the commission.

1. Any
registered voter of this state who resides outside this state may use the form
provided by the Federal Government as a special absent ballot for a primary or general election if the voter:

(a) Requests an absent
ballot and the request is received by the county clerk not later than 30 days
before the primary or general election; and

(b) Does not receive
the absent ballot.

2. The special
absent ballot must be used only for the offices of President and Vice President
of the United States, United States Senator and Representative in Congress. The
ballot must allow the registered voter to vote by writing in his choice of a
political party for each office, the name of a candidate for each office, or
the name of the person whom the voter prefers for each office.

3. The special
absent ballot must not be counted if:

(a) It is submitted
from any location within this state;

(b) The county clerk
receives the request for an absent ballot less than 30 days before the primary or general election; or

(c) The county clerk
receives the absent ballot on or before the date of the primary
or general election.

4. A
county clerk who receives a request from a voter for an absent ballot for a
primary election pursuant to this section shall also consider such a request as
a request for an absent ballot for the general election unless otherwise
specified in the request.

5. A
voter who requests an absent ballot for a primary election pursuant to this
section must be allowed to vote in person in the general election if he signs a
statement, under penalty of perjury, that he did not:

(a) Intend
that his request for an absent ballot for the primary election be considered a
request for an absent ballot for the general election; and

(b) Receive
an absent ballot for the general election.

Sec. 8. Sections
2 and 5 of this act become effective at 12:01 a.m. on October 1, 1989.

433A.170 The
administrative officer of a facility operated by the division or of any other
public or private mental health facility or hospital shall not accept an
application for an emergency admission under NRS 433A.150 and 433A.160 unless
that application is accompanied by a certificate of a psychiatrist, licensed psychologist or physician stating that he has
examined the person alleged to be mentally ill and that he has concluded that
as a result of mental illness the person is likely to harm himself or others . [or is gravely
disabled.] This certificate may be obtained from a psychiatrist, licensed psychologist, or physician who is employed by
the public or private mental health facility to which the application is made.

Sec. 15. NRS
433A.200 is hereby amended to read as follows:

433A.200 A
proceeding for an involuntary court-ordered admission of any person in the
State of Nevada may be commenced by the filing of a petition with the clerk of
the district court of the county where the person who is to be treated resides.
The petition may be filed by the spouse, parent, adult children or legal
guardian of the person to be treated or by any physician, psychologist, social
worker or registered nurse, by an accredited agent of the department or by any
officer authorized to make arrests in the State of Nevada. The petition must be
accompanied:

1. By a
certificate of a physician or licensed psychologist stating that he has
examined the person alleged to be mentally ill and has concluded that as a
result of mental illness the person is likely to harm himself or others ; [or that he is gravely
disabled;] or

2. By a sworn
written statement by the petitioner that:

(a) The petitioner has
probable cause to believe that the person is mentally ill and, because of [such]that illness
is likely to harm himself or others ; [, or is gravely disabled;] and

(b) That the person
has refused to submit to examination or treatment by a physician, psychiatrist
or licensed psychologist.

Sec. 16. NRS
433A.210 is hereby amended to read as follows:

433A.210 A
petition filed with the clerk of the district court to commence proceedings for
involuntary court-ordered admission of a person pursuant to NRS 433A.150 must
include:

1. A certified
copy of the application made pursuant to NRS 433A.160 with respect to the
person detained; and

2. A petition
executed by a psychiatrist, licensed psychologist
, or physician certifying that he has examined the
person alleged to be mentally ill and has concluded that as a result of mental
illness the person is likely to harm himself or others .
[or is gravely disabled.]

1. To any
citizen of the United States who has attained his 12th birthday but who has not
attained his 16th birthday and who has been a bona fide resident of the State
of Nevada for 6 months immediately preceding his application for a license,
upon the payment of $5 for an annual fishing or hunting license [.]or $9 for a
combination hunting and fishing license.

2. To any
citizen of the United States who has not attained his 16th birthday and who has
been a bona fide resident of the State of Nevada for 6 months immediately
preceding his application for a license, upon payment of $5 for an annual
trapping license.

3. Except as
otherwise provided in NRS 502.245 [,]and 504.390, to any citizen of the United States
who has attained his 16th birthday and who has been a bona fide resident of the
State of Nevada for 6 months immediately preceding his application for a license,
upon the payment of:

For a fishing license.............................................................. $15.00

For a 10-day permit to fish................................................. 10.00

For a 3-day permit to fish................................................... 6.00

For a hunting license............................................................ 20.00

For a combined hunting and fishing
license.................... 33.50

For a trapping license........................................................... 30.50

For a fur dealers license...................................................... 50.00

For an annual subguides license....................................... 60.00

4. To any alien
or to any citizen of the United States who has attained his 12th birthday but
who has not attained his 16th birthday, not a bona fide resident of the State
of Nevada, upon the payment of $8 for an annual fishing license , [(] except
for a fishing license to fish in the reciprocal waters of the Colorado River,
Lake Mead and Lake Mohave, which annual license must cost
a sum agreed upon by the commission and the Arizona Game and Fish Commission,
but not to exceed $30 .

which annual license must cost a
sum agreed upon by the commission and the Arizona Game and Fish Commission, but
not to exceed $30 . [).]

5. Except as
otherwise provided in subsection 4, to any alien or to any citizen of the
United States, not a bona fide resident of the State of Nevada, upon the
payment of:

For a fishing
license , [(]
except for a fishing license to fish in the reciprocal waters of the Colorado
River, Lake Mead and Lake Mohave, which license must cost a sum agreed upon by
the commission and the Arizona Game and Fish Commission, but not to exceed $30 [)] ........................................... $35

For a 10-day
permit to fish................................................. 20

For a 3-day
permit to fish................................................... 12

For a hunting
license............................................................ $90

For an annual
trappers license.......................................... 150

For a fur
dealers license...................................................... 100

428.030 1. When
any person meets the uniform standards of eligibility established by the board
of county commissioners or by NRS 439B.310, if applicable, then he is entitled
to receive such relief as is in accordance with the policies and standards
established and approved by the board of county commissioners and within the
limits of the money which may be lawfully appropriated pursuant to NRS 428.050,
428.285 and 450.425 for this purpose.

2. The board of
county commissioners of the county of residence of indigent inpatients shall
pay hospitals for the costs of treating those indigent inpatients and any
nonresident indigent inpatients who fall sick in the county an amount which is
not less than [85 percent of] the
payment required for providing the same treatment to patients pursuant to the
state plan for assistance to the medically indigent, within the limits of money
which may be lawfully appropriated pursuant to NRS 428.050, 428.285 and 450.425
for this purpose.

3. The board of
county commissioners may:

(a) Make contracts for
the necessary maintenance of indigent persons;

(b) Appoint such
agents as the board deems necessary to oversee and provide the necessary
maintenance of indigent persons;

(c) Authorize the payment
of cash grants directly to indigent persons for their necessary maintenance; or

(d) Provide for the
necessary maintenance of indigent persons by the exercise of the combination of
one or more of the powers specified in paragraphs (a), (b) and (c).

4. A
hospital may contract with the department of human resources to obtain the
services of a state employee to be assigned to the hospital to evaluate the
eligibility of patients applying for indigent status. Payment for those
services must be made by the hospital.

Sec. 2. NRS
439B.330 is hereby amended to read as follows:

439B.330 1. Except
as otherwise provided in NRS 439B.300 and subsection 2 of this section, each
county shall use the definition of indigent in NRS 439B.310 to determine a
persons eligibility for medical assistance pursuant to chapter 428 of NRS,
other than assistance provided pursuant to NRS 428.115 to 428.255, inclusive.

2. A board of
county commissioners may, if it determines that a hospital within the county is
serving a disproportionately large share of low-income patients:

(a) Pay a higher rate
to the hospital for treatment of indigent inpatients;

(b) Pay the hospital
for treatment of indigent inpatients whom the hospital would otherwise be
required to treat without receiving compensation from the county; or

(c) Both pay at a
higher rate and pay for inpatients for whom the hospital would otherwise be
uncompensated.

3. Each
hospital which treats an indigent inpatient shall submit to the board of county
commissioners of the county of residence of the patient a discharge form
identifying the patient as a possible indigent and containing the information
required by the department and the county to be included in all such forms.

4. The county
which receives a discharge form from a hospital for an indigent inpatient shall
verify the status of the patient and the amount which the hospital is entitled
to receive. A hospital aggrieved by a determination of a
county regarding the indigent status of an inpatient may appeal the
determination to a court having general jurisdiction in the county.

5. Except as
otherwise provided in subsection 2 of this section and subsection 3 of NRS
439.320, if the county is the county of residence of the patient and the
patient is indigent, the county shall pay to the hospital the amount required,
within the limits of money which may lawfully be appropriated for this purpose
pursuant to NRS 428.050, 428.285 and 450.425.

6. For the
purposes of this section, the county of residence of the patient must be
determined pursuant to NRS 428.020.

Sec. 3. NRS
439B.340 is hereby amended to read as follows:

439B.340 1. Before
September 30 of each year, each county in which hospitals subject to the
provisions of NRS 439B.300 to 439B.340, inclusive, are located shall provide to
the division a report showing:

(a) The total number
of [indigent] inpatients treated by
each such hospital [;]who are claimed by the hospital to be indigent;

(b) The number of such
patients for whom no reimbursement was provided by the county because of the
limitation imposed by subsection 3 of NRS 439B.320;

(c) The total amount
paid to each such hospital for treatment of such patients; and

(d) The amount the
hospital would have received for patients for whom no reimbursement was
provided.

2. The
administrator shall verify the amount of treatment provided to indigent
inpatients by each hospital to which no reimbursement was provided by:

(a) Determining the number of indigent inpatients who received
treatment. For a hospital that has contracted with the department of human
resources pursuant to subsection 4 of NRS 428.030, the administrator shall
determine the number based upon the evaluations of eligibility made by the
employee assigned to the hospital pursuant to the contract. For all other
hospitals, the administrator shall determine the number based upon the report
submitted pursuant to subsection 1 of this section.

(b) Multiplying
the number of indigent inpatients who received each type of treatment by the
highest amount paid by the county for that treatment . [; and

(b)](c) Adding the products of the calculations
made pursuant to [paragraph]paragraphs (a) and (b) for
all treatment provided.

If the total amount of treatment
provided to indigent inpatients in the previous fiscal year by the hospital was
less than its minimum obligation for the year, the director shall assess the
hospital for the amount of the difference between the minimum obligation and
the actual amount of treatment provided by the hospital to indigent inpatients.
Upon receiving satisfactory proof from a hospital that a
decision of a county regarding the indigent status of one or more inpatients is
pending appeal pursuant to subsection 4 of NRS 439B.330, the director shall
defer assessing the hospital the amount that may be offset by the determination
on appeal until the court hearing the appeal renders its decision.

3. If the
administrator determines that a hospital [which
did not receive any payment from the county for treatment of indigent
inpatients] has met its obligation to provide [such treatment, he shall notify the county of all
treatment provided by the hospital after it met its obligation and the dates on
which the treatment was provided.]treatment
to indigent inpatients, he shall certify to the county in which the hospital is
located that the hospital has met its obligation. The county is not required to
pay the hospital for the costs of treating indigent inpatients until the
certification is received from the administrator. The county shall pay
the hospital for such treatment within 30 days after receipt of the [notice]certification
to the extent that money was available for payment pursuant to NRS
428.050, 428.285 and 450.425 at the time the treatment was provided.

4. The director
shall determine the amount of the assessment which a hospital must pay pursuant
to this section and shall notify the hospital in writing of that amount on or
before November 1 of each year. The notice must include,
but is not limited to, a written statement for each claim which is denied
indicating why the claim was denied. Payment is due 30 days after
receipt of the notice [.], except for assessments deferred pursuant to subsection 2
which, if required, must be paid within 30 days after the court hearing the
appeal renders its decision. If a hospital fails to pay the assessment
when it is due the hospital shall pay, in addition to the assessment:

(a) Interest at a rate
of 1 percent per month for each month after the assessment is due in which it
remains unpaid; and

(b) Any court costs
and fees required by the director to obtain payment of the assessment and
interest from the hospital.

5. Any money
collected pursuant to this section must be paid to the county in which the
hospital paying the assessment is located for use in paying other hospitals in
the county for the treatment of indigent inpatients by those hospitals. The money
received by a county from assessments made pursuant to this section does not
constitute revenue from taxes ad valorem for the purposes of NRS 354.59811,
428.050, 428.285 and 450.425, and must be excluded in determining the maximum
rate of tax authorized by those sections.

62.040 1. Except
as otherwise provided in this chapter, the court has exclusive original
jurisdiction in proceedings:

(a) Concerning any
child living or found within the county who is in need of supervision because
he:

(1) Is a child
who is subject to compulsory school attendance and is an habitual truant from
school;

(2) Habitually
disobeys the reasonable and lawful demands of his parents, guardian, or other
custodian, and is unmanageable; or

(3) Deserts,
abandons or runs away from his home or usual place of abode,

and is in need of care or
rehabilitation. The child must not be considered a delinquent.

(b) Concerning any
child living or found within the county who has committed a delinquent act. A
child commits a delinquent act if he [:

(1) Commits]commits an act designated a crime under the law
of the State of Nevada except murder or attempted murder or any related crime
arising out of the same facts as the murder or attempted murder, or violates a
county or municipal ordinance or any rule or regulation having the force of law
. [; or

(2) Violates
the terms or conditions of an order of court determining that he is a child in
need of supervision.]

(c) Concerning any
child in need of commitment to an institution for the mentally retarded.

2. This chapter
does not deprive justices courts and municipal courts in any county whose
population is 400,000 or more of original jurisdiction to try juveniles charged
with minor traffic violations but:

(a) The restrictions
set forth in subsection 4 of NRS 62.170 are applicable in those proceedings;
and

(b) Those justices
courts and municipal courts may, upon adjudication of guilt of the offenses,
refer any juvenile to the juvenile court for disposition if the referral is
deemed in the best interest of the child and where the minor is unable to pay
the fine assessed or there has been a recommendation of imprisonment.

In all other cases prior consent of
the judge of the juvenile division is required before reference to the juvenile
court may be ordered. Any child charged in a justices court or municipal court
pursuant to this subsection must be accompanied at all proceedings by a parent
or legal guardian.

Sec. 11. NRS
387.123 is hereby amended to read as follows:

387.123 1. The
count of pupils for apportionment purposes includes all those who are enrolled
in programs of instruction of the school district for:

(a) Pupils in the
kindergarten department.

(b) Pupils in grades 1
to 12, inclusive.

(c) Handicapped minors
receiving special education pursuant to the provisions of NRS 388.440 to
388.520, inclusive.

(e) Part-time pupils
enrolled in classes and taking courses necessary to receive a high school
diploma.

2. The state
board of education shall establish uniform regulations for counting enrollment
and calculating the average daily attendance of pupils. In establishing such
regulations for the public schools, the state board:

(a) Shall divide the
school year into 10 school months, each containing 20 or fewer school days.

(b) May divide the
pupils in grades 1 to 12, inclusive, into categories composed respectively of
those enrolled in elementary schools and those enrolled in secondary schools.

(c) Shall calculate
average daily attendance by selecting the average daily attendance  highest 3
months for each category of pupils, as established by subsection 1 or pursuant
to paragraph (b) of this subsection, in each school.

(d) Shall prohibit
counting of any pupil specified in paragraph (a), (b), (c) or (d) of subsection
1 more than once.

3. Except as
otherwise provided in section 4 of [this act,]chapter 864, Statutes of Nevada 1989, the state
board of education shall establish by regulation the maximum pupil-teacher
ratio in each grade, and for each subject matter wherever different subjects
are taught in separate classes, for each school district of the state which is
consistent with:

(a) The maintenance of
an acceptable standard of instruction;

(b) The conditions
prevailing in such school district with respect to the number and distribution
of pupils in each grade; and

(c) Methods of
instruction used, which may include educational television, team teaching or
new teaching systems or techniques.

If the superintendent of public
instruction finds that any school district is maintaining one or more classes
whose pupil-teacher ratio exceeds the applicable maximum, and unless he finds
that the board of trustees of the school district has made every reasonable
effort in good faith to comply with the applicable standard, he shall, with the
approval of the state board, reduce the count of pupils for apportionment
purposes by the percentage which the number of pupils attending such classes is
of the total number of pupils in the district, and the state board may direct
him to withhold the quarterly apportionment entirely.

(b) Any improvements
made on the land by subtracting from the cost of replacement of the
improvements all applicable depreciation and obsolescence. Depreciation of an improvement made on real property must be
calculated at 1.5 percent of the cost of replacement for each year of adjusted
actual age of the improvement, up to a maximum of 50 years.

2. The unit of
appraisal must be a single parcel unless:

(a) The location of
the improvements causes two or more parcels to function as a single parcel; or

(b) The parcel is one
of a group of contiguous parcels which qualifies for valuation as a subdivision
pursuant to the regulations of the Nevada tax commission.

3. The taxable
value of a possessory interest for the purpose of NRS 361.157 or 361.159 may be
determined:

(a) By subtracting
from the cost of replacement of the improvements all applicable depreciation
and obsolescence; or

(b) By capitalizing
the fair economic income expectancy.

4. The taxable
value of other taxable personal property, except mobile homes, must be
determined by subtracting from the cost of replacement of the property all applicable
depreciation and obsolescence. Depreciation of a
billboard must be calculated at 1.5 percent of the cost of replacement for each
year after the year of acquisition of the billboard, up to a maximum of 50
years.

5. The computed
taxable value of any property must not exceed its full cash value. Each person
determining the taxable value of property shall reduce it if necessary to
comply with this requirement. A person determining whether taxable value
exceeds full cash value or whether obsolescence is a factor in valuation may
consider:

(b) A summation of the
estimated full cash value of the land and contributory value of the
improvements.

(c) Capitalization of
the fair economic income expectancy or fair economic rent.

A county assessor is required to
make the reduction prescribed in this subsection if the owner calls to his
attention the facts warranting it, if he discovers those facts during physical
reappraisal of the property or if he is otherwise aware of those facts.

6. The Nevada
tax commission shall by regulation establish:

(a) Standards for
determining the cost of replacement of improvements of various kinds.

(b) Standards for determining the cost of replacement of personal
property of various kinds. The standards must include a separate index of
factors for application to the acquisition cost of a billboard to determine its
replacement cost.

(c) Schedules
of depreciation for personal property based on its estimated life. [Depreciation of an improvement made on real property
must be calculated at 1.5 percent of the cost of replacement for each year of adjusted actual age of the improvement, up to a maximum
of 50 years.

year of
adjusted actual age of the improvement, up to a maximum of 50 years.

(c)](d) Criteria for the valuation of two or
more parcels as a subdivision.

7. In determining the cost of replacement of personal property
for the purpose of computing taxable value, the cost of all improvements of the
personal property, including any additions to or renovations of the personal
property but excluding routine maintenance and repairs, must be added to the
cost of acquisition of the personal property.

8. The
county assessor shall, upon the request of the owner, furnish within 15 days to
the owner a copy of the most recent appraisal of the property.

[8.]9. The provisions of this section do
not apply to property which is assessed pursuant to NRS 361.320.

Sec. 16. NRS
361.841 is hereby amended to read as follows:

361.841 1. The
[county assessor or the] department
shall examine each claim, granting or denying it, and if granted, shall
determine the [credit or] refund to
which the claimant is entitled.

2. Upon
examination, if:

[(a) The
claim is denied, the county assessor shall notify the claimant by registered or
certified mail.

(b) The
claim is granted, the county assessor shall notify the claimant within 30 days
after the date on which the tax rate of the local government is certified, of
the amount of credit which may be applied to his property taxes accrued or the
amount of refund he is entitled to receive for rent deemed to constitute
accrued property tax.

3. If
a claim is submitted to the department and:]

(a) The claim is
denied, the department shall so notify the claimant by registered or certified
mail.

(b) The claim is
granted, the department shall:

(1) If the
claimants home is on the secured or unsecured tax roll, [notify him]pay
to the claimant within 30 days after the date on which the tax rate of
the local government is certified, [of the amount
of credit which may be applied to his property taxes accrued.]the refund to which he is entitled.

(2) Pay to a
home renter within 45 days after the date on which the tax rate of the local
government is certified, the refund to which he is entitled.

2. Sections 15 and 18 of chapter 768,
Statutes of Nevada 1989, at pages 1840 and 1841, respectively, are hereby
amended to read respectively as follows:

Sec. 15. NRS
590.605 is hereby amended to read as follows:

590.605 1. Whenever
the board has reasonable grounds to believe that any applicant or licensee
under NRS 590.465 to 590.645, inclusive, is violating any of the provisions of
NRS 590.465 to 590.645, inclusive, or regulations or specifications adopted
hereunder, or is violating or failing to comply with any of the health and
safety laws or regulations in force in this state, or is
acting or conducting his operations in any other manner which the board deems
to be inimical and not to the best interests of the health, safety or welfare
of the people of this state, the board may, after a hearing, suspend or revoke
any or all licenses previously issued under the provisions of NRS 590.465 to
590.645, inclusive [.]

regulations in force in this state,
or is acting or conducting his operations in any other manner which the board
deems to be inimical and not to the best interests of the health, safety or
welfare of the people of this state, the board may, after a hearing, suspend or
revoke any or all licenses previously issued under the provisions of NRS
590.465 to 590.645, inclusive [.], or take such intermediate actions, including the imposition
of fines, as it deems appropriate under the circumstances. If the board
has reasonable grounds to believe that a licensee is delivering a lesser
quantity of gas than he bills the customer for with the intent to defraud, [such]that fact
must be reported to the state sealer of weights and measures.

2. The board
shall cite the licensee, upon notice, stating reasons and given not less than
10 days before the date set for the hearing, to appear and show cause, if any
he has, why the license should not be revoked or suspended [.]or other
disciplinary action should not be taken.

3. The board
may conduct investigations, summon and compel the attendance of witnesses,
require the production of any records or documents and provide for the taking
of depositions under the Nevada Rules of Civil Procedure in connection with
such hearings.

4. If, upon
hearing, the board is satisfied that the violation charged is true, or if the
licensee fails to appear and show cause, the board may revoke or suspend the
license summarily [.]or take such intermediate action, including the imposition of
a fine, as it deems appropriate.

5. The findings
of the board [,]pursuant to this section, the judgment and the order
must be reduced to writing and filed in the permanent public records of the
board. Copies must be furnished to the licensee [.]and the complaining customer, if any. A licensee
is entitled to judicial review of the order in the manner provided by chapter
233B of NRS. Enforcement of the boards order must be stayed until judicial
review is completed.

6. In any case
where the board refuses to issue a license, or suspends or revokes a license,
the applicant or accused may submit another application for the consideration
of the board.

Sec. 18. 1. This
section and sections 1, 2 and 13 become effective upon passage and approval for
the purpose of adopting regulations pursuant to this act and on October 1,
1989, for all other purposes.

3. Parole and
probation officer means the chief parole and probation officer or an assistant
parole and probation officer appointed in accordance with the provisions of
chapter 213 of NRS.

4. Residential
confinement means the confinement of a person convicted of a crime to his
place of residence under the terms and conditions established by the sentencing
court.

5. Standards
means the objective standards for granting or revoking parole or probation
which are adopted by the state board of parole commissioners or chief parole
and probation officer.

Sec. 9. NRS
176.221 is hereby amended to read as follows:

176.221 If the
probationer is arrested, by or without warrant, in another judicial district of
this state, the court which granted the probation may assign the case to the
district court of that district, with the consent of that court. The court
retaining or thus acquiring jurisdiction shall cause the defendant to be
brought before it, consider the standards adopted pursuant to section 6 of [this act]chapter
790, Statutes of Nevada 1989 and the recommendation, if any, of the
chief parole and probation officer. The court may:

1. Continue or
revoke the probation or suspension of sentence;

2. Order the
probationer to a term of residential confinement pursuant to NRS 176.2231; [or]

3. Order the probationer to undergo a program of regimental
discipline pursuant to section 4 of this act; or

(1) Is a child
who is subject to compulsory school attendance and is an habitual truant from
school;

(2) Habitually
disobeys the reasonable and lawful demands of his parents, guardian, or other
custodian, and is unmanageable; or

(3) Deserts,
abandons or runs away from his home or usual place of abode,

and is in need of care or
rehabilitation. The child must not be considered a delinquent.

(b) Concerning any
child living or found within the county who has committed a delinquent act. A
child commits a delinquent act if he:

(1) Commits an
act designated a crime under the law of the State of Nevada except murder or
attempted murder or any related crime arising out of the same facts as the
murder or attempted murder, or violates a county or municipal ordinance or any
rule or regulation having the force of law; or

(2) Violates the
terms or conditions of an order of court determining that he is a child in need
of supervision.

(c) Concerning any
child in need of commitment to an institution for the mentally retarded.

2. This chapter
does not deprive justices courts and municipal courts in any county whose
population is [250,000]400,000 or more of original jurisdiction to try
juveniles charged with minor traffic violations but:

(a) The restrictions
set forth in subsection 4 of NRS 62.170 are applicable in those proceedings;
and

(b) Those justices
courts and municipal courts may, upon adjudication of guilt of the offenses, refer
any juvenile to the juvenile court for disposition if the referral is deemed in
the best interest of the child and where the minor is unable to pay the fine
assessed or there has been a recommendation of imprisonment.

In all other cases prior consent of
the judge of the juvenile division is required before reference to the juvenile
court may be ordered. Any child charged in a justices court or municipal court
pursuant to this subsection must be accompanied at all proceedings by a parent
or legal guardian.

Sec. 25. NRS
62.180 is hereby amended to read as follows:

62.180 1. Provision
must be made for the temporary detention of children in a detention home to be
conducted as an agency of the court or in some other appropriate public
institution or agency, or the court may arrange for the care and custody of
such children temporarily in private homes subject to the supervision of the
court, or may arrange with any private institution or private agency to receive
for temporary care and custody children within the jurisdiction of the court.

2. Except as
provided in this subsection [,]and subject to the provisions of this chapter, any
county may provide, furnish and maintain at public expense a building suitable
and adequate for the purpose of a detention home for the temporary detention of
children . [,
subject to the provisions of this chapter. In counties]In a county whose population is
[20,000] 35,000 or more, the [boards] board of county commissioners shall
provide the detention facilities.

is [20,000]35,000 or more, the [boards]board of county commissioners shall provide the
detention facilities. Two or more counties, without regard to their respective
populations, may provide a combined detention home under suitable terms agreed
upon between the respective boards of county commissioners and the judges of
the juvenile court regularly sitting in the judicial districts covering the
counties.

3. Any
detention home built and maintained under this chapter must be constructed and
conducted as nearly like a home as possible, and must not be deemed to be or
treated as a penal institution . [, nor, in counties]In a county whose population is [20,000]35,000 or more, [may
it]a detention home built and maintained
under this chapter must not be adjoining or on the same grounds as a
prison, jail or lockup.

4. In addition
to detention homes, a county may provide and maintain at public expense
programs which provide alternatives to placing a child in a detention home.

Sec. 51. NRS
370.260 is hereby amended to read as follows:

370.260 1. All
taxes and license fees imposed by the provisions of NRS 370.001 to 370.430,
inclusive, less any refunds granted as provided by law, must be paid to the
department in the form of remittances payable to the department.

2. The
department shall:

(a) As compensation to
the state for the costs of collecting the taxes and license fees, transmit each
month [such sum as]the sum the legislature specifies from the remittances
made to it pursuant to subsection 1 during the preceding month to the state
treasurer for deposit to the credit of the department. The deposited money must
be expended by the department in accordance with its work program.

(b) From the
remittances made to it pursuant to subsection 1 during the preceding month,
less the amount transmitted pursuant to paragraph (a), transmit each month the
portion of the tax which is equivalent to 12.5 mills per cigarette to the state
treasurer for deposit to the credit of the account for the tax on cigarettes in
the state general fund.

(c) Transmit the
balance of the payments each month to the state treasurer for deposit to the
credit of the cigarette tax account in the intergovernmental fund.

(d) Report to the
state controller monthly the amount of collections.

3. The money in
the cigarette tax account is hereby appropriated to Carson City and to each of
the counties in proportion to their respective populations. The amount in the
account which was collected during the preceding month must be apportioned by
the department and distributed by the state controller as follows:

(a) In a county whose
population is [5,000]6,000 or more:

(1) If there are
no incorporated cities within the county, the entire amount must go into the
county treasury.

(2) If there is
one incorporated city within the county the money must be apportioned between
the city and the county on the basis of the population of the city and the
population of the county excluding the population of the city.

(3) If there are
two or more incorporated cities within the county, the entire amount must be
apportioned among the cities in proportion to their respective populations.

(b) In a county whose
population is less than [5,000:]6,000:

(1) If
there are no incorporated cities or unincorporated towns within the county, the
entire amount must go into the county treasury.

(2) If there is
one incorporated city or one unincorporated town within the county the money
must be apportioned between the city or town and the county on the basis of the
population of the city or town and the population of the county excluding the
population of the city or town.

(3) If there are
two or more incorporated cities or unincorporated towns or an incorporated city
and an unincorporated town within the county, the entire amount must be
apportioned among the cities or towns in proportion to their respective
populations.

(c) In Carson City the
entire amount must go into the city treasury.

4. For the
purposes of this section, unincorporated town means only those towns governed
by town boards organized pursuant to NRS 269.016 to 269.019, inclusive.

Sec. 77. NRS
543.600 is hereby amended to read as follows:

543.600 1. In
a county whose population is [250,000]400,000 or more, the board of county
commissioners shall hold public hearings before deciding which one or
combination of the powers set forth in subsections 2 and 3 is to be used to
provide revenue for the support of the district. The method selected must be
approved, in an election held throughout the district, by a majority of the
voters voting on the question.

2. The board of
county commissioners in such a county may levy and collect taxes ad valorem
upon all taxable property in the county. This levy is not subject to the
limitations imposed by NRS 354.59811. A district for which a tax is levied
pursuant to this subsection is not entitled to receive any distribution of
revenue from the supplemental city-county relief tax.

3. The board of
county commissioners in such a county may impose a tax of not more than 0.25
percent on retail sales and the storage, use or other consumption of tangible
personal property in the county. The ordinance imposing this tax must conform,
except as to amount, to the requirements of chapter 377 of NRS and the tax must
be paid as provided in that chapter.

4. In any other
county, the board of county commissioners may only levy taxes ad valorem upon
all taxable property in the district.

5. In any
county, the board of directors may use any other money, including federal
revenue sharing, that is made available to the district.

2. Section 4 of chapter 798, Statutes
of Nevada 1989, at page 1941, is hereby amended to read as follows:

Sec. 4. 1. There
is hereby appropriated from the state general fund to the fund for local
cultural activities created pursuant to NRS 233C.100 the
sum of $100,000 for the purposes set forth in NRS 233C.110.

233C.100 the sum of $100,000 for
the purposes set forth in NRS 233C.110.

2. Any
remaining balance of the appropriation made by subsection 1 must not be
committed for expenditure after June 30, 1991, and reverts to the state general
fund as soon as all payments of money committed have been made.

1. Shall
appoint, with the consent of the governor, a chief of each of the divisions of
the department. In making the appointments, other than that of the state fire
marshal and the administrator of unclaimed property, the director shall obtain
lists of nominees from recognized professional organizations, if any, in the
appropriate professions and make the appointments after consultation with and
concurrence of the organizations. The director shall consult the state fire
marshals advisory board and appoint the state fire marshal from the list of
candidates presented by the board. The chief of the consumer affairs division
is the commissioner of consumer affairs, the chief of the division of financial
institutions is the commissioner of financial institutions, the chief of the
housing division is the administrator of the housing division, the chief of the
insurance division is the commissioner of insurance, the chief of the
manufactured housing division is the administrator of the manufactured housing
division, the chief of the real estate division is the real estate
administrator, the chief of the state fire marshal division is the state fire
marshal and the chief of the division of unclaimed property is the
administrator of unclaimed property.

2. Is
responsible for the administration through the divisions of the department of
the provisions of Titles 55, 56 and 57, of NRS, sections 2 to 21, inclusive, of
[this act,]chapter
615, Statutes of Nevada 1989, chapters 319 and 645 of NRS, and NRS
598.360 to 598.640, inclusive, and for the administration directly or through a
division of all other provisions of law relating to the functions of the
department. The director may, if he deems it necessary
to carry out his administrative responsibilities, be considered as a member of
the staff of any division of the department for the purpose of budget
administration or for the performance of any duty or the exercise of any power
with respect to the division.

3. May, within
the limits of the financial resources made available to him, promote,
participate in the operation of, and create or cause to be created, any
nonprofit corporation, pursuant to NRS 81.350 to 81.400, inclusive, which he
determines is necessary or convenient for the exercise of the powers and duties
of the department. The purposes, powers and operation of the corporation must
be consistent with the purposes, powers and duties of the department.

4. For any
bonds which he is otherwise authorized to issue, may issue bonds the interest
on which is not exempt from federal income tax or excluded from gross revenue
for the purpose of federal income tax.

504.440 1. There
is hereby created the commission for the preservation of wild horses. The
commission consists of [three]five members appointed by the governor as follows:

(a) A representative
of an organization whose purpose is to preserve wild horses and whose
headquarters are in Nevada;

(b) An owner or
manager of property used for ranching; and

(c) [A member]Three
members of the general public who:

(1) [Is]Are not
engaged in ranching or farming; and

(2) [Has]Have not
been previously engaged in efforts to protect wild horses.

2. After the
initial terms, the members shall serve terms of 3 years. Any vacancy in the
membership must be filled for the unexpired term.

3. Each member
of the commission for the preservation of wild horses is entitled to receive a
salary of not more than $80, as fixed by the commission, for each day he is
engaged in the business of the commission.

4. While
engaged in the business of the commission, each member and employee of the
commission is entitled to receive the per diem allowance and travel expenses
provided for state officers and employees generally.

5. The
commission for the preservation of wild horses shall meet at least quarterly
each year and on the call of the executive director or any two members.

2. Chapter 834, Statutes of Nevada
1989, at page 2000, is hereby amended by adding thereto a new section
designated as section 2, immediately following section 1, to read as follows:

644.190 1. It
is unlawful for any person to conduct or operate a cosmetological
establishment, school of cosmetology, facility for demonstrations or any other
place of business in which any one or any combination of the occupations of
cosmetology are taught or practiced until licensed under the provisions of this
chapter.

2. [It]Except as
otherwise provided in subsection 4, it is unlawful for any person to
engage in, or attempt to engage in, the practice of cosmetology or any branch
thereof, whether for compensation or otherwise, unless he is licensed under the
provisions of this chapter.

(a) Any student in any
school of cosmetology, legally established under the provisions of this
chapter, from engaging, in the school and as a student, in work connected with
any branch or any combination of branches of cosmetology in the school.

(b) An electrologists
apprentice from participating in a course of practical training and study.

(c) A person issued a
provisional license as an instructor pursuant to section 1 of [this act]chapter
606, Statutes of Nevada 1989, from acting as an instructor and accepting
compensation therefor, while accumulating the hours of training as a teacher
required for an instructors license.

(d) The
rendering of incidental cosmetological services by a person who is not licensed
under the provisions of this chapter, if those services are rendered in
connection with photographic services provided by a photographer.

4. A
person employed to render cosmetological services in the course of and
incidental to the production of a motion picture, television program,
commercial or advertisement is exempt from the licensing requirements of this
chapter if he:

(a) Is
licensed as a cosmetologist in another state;

(b) Entered
into his contract of employment outside this state; and

(c) Renders
cosmetological services only to persons who will appear in that motion picture,
television program, commercial or advertisement.

487.450 1. The
department shall charge and collect a fee of $300 for the issuance or renewal
of a license to operate a salvage pool.

2. Fees collected by
the department pursuant to this section must be deposited with the state
treasurer to the credit of the fund for regulation of salvage pools, automobile
wreckers and body shops, which is hereby created as a special revenue fund. Money
in the fund may be used only for the administration of section
2 of this act, NRS 487.050 to 487.200, inclusive, and NRS 487.400 to
487.680, inclusive.

632.010 As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NRS 632.011 to 632.019, inclusive, [and]
sections 2 to 8, inclusive, of [this act,]chapter 840, Statutes of Nevada 1989, and sections 3 and
4 of this act, have the meanings ascribed to them in those sections.

Sec. 15. NRS
632.340 is hereby amended to read as follows:

632.340 None of
the provisions of NRS [632.260 to 632.330,
inclusive, shall]632.130 or 632.260 may be
construed as prohibiting:

1. Gratuitous
nursing by friends or by members of the family [.]of a patient.

2. The
incidental care of the sick by domestic servants or persons primarily employed
as housekeepers as long as they do not practice nursing within the meaning of
this chapter.

3. Nursing
assistance in the case of an emergency.

4. The practice
of nursing by students enrolled in accredited schools of [practical] nursing, or by graduates of such
schools or courses pending the results of the first licensing examination
scheduled by the board following [such]
graduation.

5. The practice
of nursing in this state by any legally qualified nurse of another state whose
engagement requires him to accompany and care for a patient temporarily
residing in this state during the period of one such engagement, not to exceed
6 months in length, provided [such]the person does not represent or hold himself out
as a nurse licensed to practice in this state.

6. The practice
of any legally qualified nurse of another state who is employed by the United
States Government or any bureau, division [,]
or agency thereof, while in the discharge of his official duties in this state.

7. Nonmedical
nursing for the care of the sick, with or without compensation, when done by
the adherents of, or in connection with, the practice of the religious tenets
of any well-recognized church or religious denomination, so long as such
nursing does not amount to the practice of practical or
professional nursing as defined in NRS [632.010.]632.017 and 632.018, respectively.

Sec. 17. NRS
632.345 is hereby amended to read as follows:

632.345 1. The
board shall establish and may amend a schedule of fees and charges for the
following items and within the following ranges:

Application for
temporary license [to practice professional
nursing (registered nurse)]pursuant to
NRS 632.300, which fee must be credited toward the fee required for a
regular license, if the applicant applies for a license................................................... 15 50

[Application for temporary license as a practical
nurse, which fee must be credited toward the fee required for a regular
license, if the applicant applies for a license................................................... 10 45]

Application for
a certificate as a nursing assistant 5 15 Biennial
fee for renewal of a license ......................................... $15 $50

2. The board
may collect the fees and charges established pursuant to this section, and
those fees or charges may not be refunded.

Sec. 18. NRS
632.350 is hereby amended to read as follows:

632.350 1. Before
suspending or revoking any license or certificate or
taking other disciplinary action against a licensee or holder of a certificate,
the board shall notify the licensee or holder of the certificate in
writing of the charges against him, accompanying the notice with a copy of the
complaint, if any is filed.

2. Written
notice may be served by delivery of it personally to the licensee or holder of
the certificate, or by mailing it by registered or certified mail to his last
known [residence]residential address.

3. If the
licensee or holder of the certificate desires, the board shall:

(a) Grant a hearing
upon the charges, which hearing must be held not less than 10 days after [prior] notice in writing to the licensee
or holder of the certificate nor more than 30 days after the filing of any
complaint; and

(b) Furnish the
licensee or holder of the certificate, at the time of giving the notice, copies
of any communications, reports and affidavits in possession of the board,
touching upon or relating to the matter in question.

4. The hearing
on the charges may be held by the board, or a majority thereof, at such time
and place as the board prescribes. The hearing must be held, if the licensee or
holder of the certificate desires, within the county where he resides.

Sec. 20. 1. There
is hereby appropriated from the state general fund to the trust fund for
class-size reduction created pursuant to [NRS
375A.715]section 7 of this act for
distribution by the superintendent of public instruction to the county school
districts for fiscal year 1990-91 the sum of $3,336,344:

(a) Of which $750,000
must be used in pursuit of the goal of reducing to 15 to 1 the pupil-teacher
ratio in selected kindergartens with pupils who are considered at risk of
failure by the superintendent of public instruction; and

(b) Of which
$2,586,344 must be used for complying with the required ratio of pupils to
teachers in first grade classes as set forth in section 4 of this act.

Any remaining balance of the sums
appropriated by this section must not be committed for expenditure after June
30, 1991, and must be deposited for credit to the trust fund for class-size
reduction as soon as all payments of money have been made.

2. The
superintendent of public instruction is hereby authorized to distribute for
fiscal year 1989-90 from the trust fund for the education of pupils the sum of
$2,500,000:

(a) Of which $130,680
must be transferred to the University of Nevada System to provide 45
scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the
University of Nevada, Reno, for qualified students pursuing degrees in
teaching;

(b) Of which $450,000
must be used for programs for specialized instruction in teaching methods
specifically for use in classes with reduced numbers of pupils; and

(c) Of which
$1,919,320 must be distributed to local school districts in the same manner as
provided in chapter 387 of NRS for the apportionment and distribution of the
state distributive school account, to be used for specific projects to benefit
children which are supplementary to the regular educational programs of those
districts.

Any balance of the sum authorized
for expenditure in fiscal year 1989-90 pursuant to paragraph (b) remaining at
the end of that fiscal year may be committed for expenditure during fiscal year
1990-91 for the same purpose. Any balance of that sum must not be committed for
expenditure after June 30, 1991, and must be transferred for credit to the
trust fund for class-size reduction. Any balance of the sum authorized pursuant
to paragraph (c) remaining at the end of the fiscal year must not be committed
for expenditure after June 30, 1990, and reverts to the trust fund for [the education of pupils]class-size reduction as soon as all payments of money
committed have been made.

3. The
superintendent of public instruction is hereby authorized to distribute for
fiscal year 1990-91 from the trust fund for class-size reduction, the sum of
$2,500,000:

(a) Of which $130,680
must be transferred to the University of Nevada System to provide 45
scholarships at the University of Nevada, Las Vegas, and 45 scholarships at the
University of Nevada, Reno, for qualified students pursuing degrees in
teaching;

(b) Of which $160,000
must be used for programs for specialized instruction in teaching methods
specifically for use in classes with reduced numbers of pupils; and

(c) Of which
$2,209,320 must be distributed to local school districts for use in complying
with the required ratio of pupils to teachers in first grade as set forth in
section 4 of this act.

Any remaining balance of the sums
authorized for expenditure by this subsection must not be committed for
expenditure after June 30, 1991, and reverts to the trust fund for class-size
reduction as soon as all payments of money committed have been made.

439A.100 1. Except
as provided in this section and NRS 439A.103, no
person may undertake any project described in subsection 2 without first
applying for and obtaining the written approval of the director. The health
division of the department of human resources shall not issue a new license or
alter an existing license for any project described in subsection 2 unless the
director has issued such an approval.

2. The projects
for which this approval is required are:

(a) [Except as otherwise provided in subsection 3, any]Any proposed expenditure by or on behalf of a
health facility in excess of the greater of $4,000,000 or such an amount as the
department may specify by regulation, which under generally accepted accounting
principles consistently applied is a capital expenditure;

(b) A proposal which
increases the number of licensed or approved beds in a health facility other
than a hospital above the total of the number of licensed beds and the number
of additional beds which have been approved pursuant to this subsection;

(c) A proposal which
increases the number of licensed and approved beds in a hospital through the
addition of 10 or more beds or a number of beds equal to
10 percent of the licensed or approved capacity of that facility, whichever is
less, over a period of 2 years;

of beds equal to 10 percent of the
licensed or approved capacity of that facility, whichever is less, over a
period of 2 years;

(d) [Except as otherwise provided in subsection 4, the]The proposed acquisition of any new or used
medical equipment which has a market value of more than $1,000,000 or such an
amount as the department may specify by regulation, whichever is greater;

(e) The acquisition of
an existing health facility if:

(1) The
purchaser does not, within a period specified by a regulation of the
department, notify it of his intention to acquire the facility; or

(2) The
department finds, within 30 days after it receives the notice, that in
acquiring the facility the purchaser will change the number of beds;

(f) The construction
of a new health facility;

(g) The conversion of
an existing office of a practitioner to a health facility, regardless of the
cost of the conversion, if the establishment of the office would have met the
threshold for review of costs pursuant to paragraph (a) or (d); and

(h) A proposal to
establish any of the following services:

(1) The
intensive care of newborn babies;

(2) The
treatment of burns;

(3) The
performance of open-heart surgery;

(4) The
transportation of patients by helicopter; or

(5) A center for
the treatment of trauma.

3. As used in paragraph
(d) of subsection 2, market value includes all costs associated with the
installation and acquisition of the equipment, whether it is acquired by lease,
rent, donation, contractual agreement, purchase, any method of financing or any
encumbrance of money.

4. The approval of the director is not required for the addition
of 60 beds or less over 3 years to an existing hospital that:

(a) Has
a licensed capacity of 75 beds or less; and

(b) Is
the only hospital within an incorporated city whose population is 50,000 or
more.

5. The
provisions of paragraph (a) of subsection 2 do not include any capital
expenditure for:

(a) The acquisition of
land;

(b) The construction
of a facility for parking;

(c) The maintenance of
a health facility;

(d) The renovation of
a health facility to comply with standards for safety, licensure, certification
or accreditation;

(e) The installation
of a system to conserve energy;

(f) The installation
of a system for data processing or communication; or

(g) Any other project
which, in the opinion of the director, does not relate directly to the
provision of any health service.

[5.]6. The provisions of paragraph (d)
of subsection 2 do not include acquisitions of medical equipment proposed
primarily to replace existing equipment. The person acquiring the replacement
equipment, within a period specified by regulation of the
department, shall notify it of his intention to acquire the equipment.

within a period specified by
regulation of the department, shall notify it of his intention to acquire the
equipment. The department shall by regulation develop standards to determine
whether the primary purpose of a proposed acquisition is to replace existing
equipment.

[6.]7. In reviewing an application for
approval, the director shall:

(a) Comparatively
assess applications for similar projects affecting the same geographic area;
and

(b) Base his decision
on criteria established by the director by regulation. The criteria must
include:

(1) The need for
and the appropriateness of the project in the area to be served;

(2) The extent
to which the project is consistent with the state health plan;

(3) The
financial feasibility of the project;

(4) The effect
of the project on the cost of health care; and

(5) The extent
to which the project is consistent with the purposes set forth in NRS 439A.020
and the priorities set forth in NRS 439A.081.

[7.]8. The department may by regulation
require additional approval for a proposed change to a project which has
previously been approved if the proposal would result in a change in the number
of existing beds or a change in the health services which are to be provided, a
change in the location of the project or a substantial increase in the cost of
the project.

[8.]9. The decision of the director is a
final decision for the purposes of judicial review.

3.030 1. The
annual base salary of each district judge is
$79,000. If a district judge has served in his office
for at least 6 years, he is entitled to an additional salary of 1 percent of
his base salary for each year of service. The additional salary must not exceed
22 percent of his base salary.

2. [All of the]The
base salaries and the additional salary for
longevity must be paid in biweekly installments out of the district
judges salary account of the supreme court.

3. No salary of
any district judge may be paid in advance.

Sec. 3. NRS
213.015 is hereby amended to read as follows:

213.015 1. [Until the first Monday in January 1991:

(a) Any
member of the board whose annual salary as a justice of the supreme court is
$73,500 shall receive no salary as a member of the board.

(b) Any
member of the board whose annual salary as a justice of the supreme court is
$61,500 is entitled to receive as a member of the board an annual salary of
$12,000.

(a)]
Any member of the board whose annual salary as a justice of the supreme court
is set by subsection 1 of NRS 2.050 receives no base salary
as a member of the board.

[b.]2. Any member of the board whose
annual salary as a justice of the supreme court is set by subsection 2 or 3 of
NRS 2.050 is entitled to receive as a member of the board an annual base salary in an amount which when added to his salary
as a justice equals the salary set by subsection 1 of NRS 2.050.

3. In addition to any base salary a member of the board may
receive pursuant to subsection 1 or 2, if he has served as a district judge or
as a justice of the supreme court, or any combination thereof, for at least 6
years, he is entitled to additional compensation of 1 percent of the sum of his
annual salary as a justice of the supreme court and his base salary, if any,
for each year of service as a district judge or as a justice of the supreme
court, or any combination thereof. The additional compensation must not exceed
22 percent of the sum of his annual salary as a justice of the supreme court
and his base salary.

4. The
salaries provided for in this section must be paid out of money provided by
direct legislative appropriation from the state general fund.

Sec. 5. 1. This
section and section 4 of this act become effective on July 1, 1989.

2. Sections 1
and 3 of this act become effective at 12:01 a.m. on January 7, 1991.

3. Section 2 of
this act becomes effective at 12:02 a.m. on January 7, 1991.

294A.080 If it
appears that the provisions of NRS 294A.010, 294A.020, 294A.035 or 294A.041 , [or] section
5 or 6 of [this act,]chapter 498, Statutes of Nevada 1989, or section 1 of this act
have been violated:

1. The
secretary of state shall report the alleged violation to the attorney general;
and

2. A county or
city clerk shall report the alleged violation to the appropriate district
attorney,

and the attorney general or
district attorney to whom the report is made shall cause appropriate
proceedings to be instituted and prosecuted in a court of competent
jurisdiction without delay.

2. Chapter 878, Statutes of
Nevada 1989, at page 2142, is hereby amended by adding thereto a new
section to be designated as section 6, immediately following section 5, to read
as follows:

Sec. 6. Section
5 of this act becomes effective at 12:01 a.m. on October 1, 1989.

293.128 1. To
qualify as a major political party any organization must, under a common name:

(a) On January 1
preceding any primary election, have been designated as a political party on
the affidavits of registration of at least 10 percent of the total number of
registered voters in the state; or

(b) File a petition
with the secretary of state not later than the last Friday in April before any
primary election signed by a number of registered voters equal to or more than
10 percent of the total number of votes cast at the last preceding general
election for Representative in Congress.

2. If a
petition is filed pursuant to paragraph (b) of subsection 1, the names of the
voters need not all be on one document, but each document of the petition must
be verified by at least one of its signers to the effect that the signers are
registered voters of the state according to his best information and belief and
that the signatures are genuine and were signed in his presence. Each document
of the petition must bear the name of a county and only registered voters of
that county may sign the document. The documents which are circulated for
signature must then be submitted for verification pursuant to NRS 293.1276 to
293.1279, inclusive, not later than 65 days before the last Friday in April
preceding a primary election.

3. In
addition to the requirements set forth in subsection 1, each organization which
wishes to qualify as a political party must file with the secretary of state a
certificate of existence which includes the:

(a) Name
of the political party;

(b) Names
and addresses of its officers;

(c) Names
of the members of its executive committee; and

(d) Name
of the person who is authorized by the party to act as resident agent in this
state.

4. A
political party shall file with the secretary of state an amended certificate
of existence within 5 days after any change in the information contained in the
certificate.

Sec. 9. NRS
293.177 is hereby amended to read as follows:

293.177 1. Except
as otherwise provided in NRS 293.165, no name may be printed on a ballot to be
used at a primary election unless the person named has filed a declaration of
candidacy or an acceptance of a candidacy, and paid the fee required by NRS
293.193 not earlier than January 1 of the year in which the election is to be
held nor later than 5 p.m. of the second Tuesday in May.

2. A
declaration of candidacy or an acceptance of a candidacy required to be filed
by this section must be in substantially the following form:

For the purpose of having my name
placed on the official [primary] ballot
as a candidate for the .................. Party nomination for the office of
.................., I, the undersigned .................., do swear (or affirm)
that I reside at No. ........, ........ Street, in the City (or Town) of
................, County of ................, State of Nevada; [that I am a registered voter of the election precinct
in which I reside;] that my actual [,
as distinguished from constructive,] residence therein began on a
date 30 days or more before the date of the close
of filing of declarations of candidacy for this office; that I am registered as
a member of the ................ Party; that I have not changed the designation
of my political party affiliation on an official affidavit of registration in
any state since September 1 before the closing filing date for this election;
that I generally believe in and intend to support the concepts found in the principles
and policies of that political party in the coming election; that if nominated
as a [nonpartisan candidate or as a]
candidate of the ................ Party at the ensuing election I will accept
that nomination and not withdraw; that I will not knowingly violate any
election law or any law defining and prohibiting corrupt and fraudulent [practice]practices
in campaigns and elections in this state; that I will qualify for the
office if elected thereto; and that I understand that my name will appear on
all ballots as [here designated.]designated in this declaration.

...................................................................

(Designation
of name)

...................................................................

(Signature
of candidate for office)

Subscribed and sworn to before me
this ...... day of .........., 19...

For the
purpose of having my name placed on the official ballot as a candidate for the
office of .................., I, the undersigned .................., do swear
(or affirm) that I reside at No. ........, ........ Street, in the City (or
Town) of ................, County of ................, State of Nevada; that my
actual residence therein began on a date 30 days or more before the date of the
close of filing of declarations of candidacy for this office; that if nominated
as a nonpartisan candidate at the ensuing election I will accept the nomination
and not withdraw; that I will not knowingly violate any election law or any law
defining and prohibiting corrupt and fraudulent practices in campaigns and
elections in this state; and that I will qualify for the office if elected
thereto; and my name will appear on all ballots as designated in this
declaration.

...................................................................

(Designation
of name)

...................................................................

(Signature
of candidate for office)

Subscribed
and sworn to before me this ...... day of .........., 19...

3. A person may
be a candidate under the name by which he is a voter, or under any other name
which he has borne and by which he is known in the community where he resides.

4. [The party designation in nonpartisan elections must
not be shown on the declaration of candidacy.]An affidavit of candidacy must be substantially the same form
as the form set forth in paragraph (b) of subsection 2.

5. The address
of a candidate which must be included in the declaration of candidacy or
acceptance of a candidacy pursuant to subsection 2 must be the street address
of the residence where he actually resides, if one has been assigned. The
declaration or acceptance must not be accepted for filing if the candidates
address is described as a box in a post office unless a street address has not
been assigned to his residence.

Sec. 35. 1. Sections
1, 17 and 27.95 of this act become effective at 12:01 a.m. on October 1, 1989.

2. Section 9 of
this act becomes effective at 12:02 a.m. on October 1, 1989.

AN ACT relating to the department of motor
vehicles and public safety; clarifying the requirement that a dealer,
manufacturer, distributor or rebuilder of motor vehicles must obtain a license
from the department as a condition of doing business in this state; authorizing
the department to impose administrative fines for certain offenses; and
providing other matters properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 482 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The department
may impose an administrative fine, not to exceed $2,500, for a violation of any
provision of this chapter, or any rule, regulation or order adopted or issued
pursuant thereto. The department shall afford to any person so fined an
opportunity for a hearing pursuant to the provisions of NRS 233B.121.

2. All
administrative fines collected by the department pursuant to subsection 1 must
be deposited with the state treasurer to the credit of the state highway fund.

3. In addition to
any other remedy provided by this chapter, the department may compel compliance
with any provision of this chapter and any rule, regulation or order adopted or
issued pursuant thereto, by injunction or other appropriate remedy and the
department may institute and maintain in the name of the State of Nevada any
such enforcement proceedings.

Sec. 2. NRS 482.322 is
hereby amended to read as follows:

482.322 1. [No person may]A
person shall not engage in the activities of a vehicle dealer,
manufacturer, distributor or rebuilder in this state [,
or be issued a license by the department,] until he has been
issued [a]:

(a) A dealers,
manufacturers, distributors, rebuilders or lessors license certificate or
similar license or permit by every city within whose corporate limits he
maintains an established place of business and by every county in which he
maintains an established place of business outside the corporate limits of a
city [.];
and

(b) A license by the
department. The department shall not issue a license to the person until he has
been issued all certificates, licenses and permits required by paragraph (a).

2. A vehicle dealers, manufacturers or
rebuilders license issued pursuant to this chapter does not permit a person to
engage in the business of a new or used mobile home dealer, manufacturer or
rebuilder.

3. The department shall investigate any
applicant for a dealers, manufacturers, distributors, rebuilders or
lessors license certificate or license and complete an investigation report on
a form provided by the department.

Sec. 3. Chapter 487 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The department
may impose an administrative fine, not to exceed $2,500, for a violation of any
provision of this chapter, or any rule, regulation or order adopted or issued
pursuant thereto. The department shall afford to any person so fined an
opportunity for a hearing pursuant to the provisions of NRS 233B.121.

2. All
administrative fines collected by the department pursuant to subsection 1 must
be deposited with the state treasurer to the credit of the fund for regulation
of salvage pools, automobile wreckers and body shops.

3. In addition to
any other remedy provided by this chapter, the department may compel compliance
with any provision of this chapter and any rule, regulation or order adopted or
issued pursuant thereto, by injunction or other appropriate remedy and the
department may institute and maintain in the name of the State of Nevada any
such enforcement proceedings.

Sec. 4. Chapter 445 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The department
of motor vehicles and public safety may impose an administrative fine, not to
exceed $2,500, for a violation of any provision of NRS 445.610 to 445.710,
inclusive, or any rule, regulation or order adopted or issued pursuant thereto.
The department shall afford to any person so fined an opportunity for a hearing
pursuant to the provisions of NRS 233B.121.

2. All
administrative fines collected by the department pursuant to subsection 1 must
be deposited with the state treasurer to the credit of the pollution control
fund.

3. In addition to
any other remedy provided by NRS 445.610 to 445.710, inclusive, the department
may compel compliance with any provision of NRS 445.610 to 445.710, inclusive,
and any rule, regulation or order adopted or issued pursuant thereto, by
injunction or other appropriate remedy and the department may institute and
maintain in the name of the State of Nevada any such enforcement proceedings.

Sec. 5. NRS 445.610 is
hereby amended to read as follows:

445.610 As used in NRS 445.610 to
445.710, inclusive, and section 4 of this act, unless
the context otherwise requires:

1. Approved inspector means a person
licensed by the department of motor vehicles and public safety to inspect motor
vehicles and devices for the control of pollution for an authorized station.

2. Authorized station means a station
licensed by the department of motor vehicles and public safety for inspecting
motor vehicles and devices for the control of pollution for compliance with
this chapter or any applicable federal regulation or
regulation of the commission and for installing, repairing and adjusting such
devices to meet the commissions requirements.

3. Commission means the state
environmental commission.

4. Evidence of compliance includes a
certificate issued when a motor vehicle has been inspected and:

(a) Has the required equipment; or

(b) Does not meet the requirements for the
control of emissions after the repairs have been made and the commission waives
compliance.

5. Fleet station means a facility which
is licensed by the department to conduct inspections of the motor vehicles of
qualified owners or lessees.

6. Motor vehicle means every
self-propelled vehicle in, upon or by which any person or property is or may be
transported or drawn upon a public highway except devices moved by human or
animal power or used exclusively on stationary rails.

________

CHAPTER 289, AB 722

Assembly Bill No.
722Committee on Government Affairs

CHAPTER 289

AN ACT relating to water; providing an
expedited procedure for approval of the appropriation of water for
environmental purposes; and providing other matters properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 533 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 5,
inclusive, of this act.

Sec. 2. As used in sections 2 to 5, inclusive, of this act, unless the
context otherwise requires, environmental permit means a temporary permit to
appropriate water to avoid the pollution or contamination of a water source.

Sec. 3. In addition to the information required by NRS 533.335, an
applicant for an environmental permit shall submit to the state engineer:

1. A copy of a
letter or order issued by the division of environmental protection of the state
department of conservation and natural resources requiring the applicant to
take steps to protect the environment;

2. Any other
information which is necessary for a full understanding of the necessity of the
appropriation; and

3. For examining
and filing the application for the environmental permit, $150. For issuing and
recording the environmental permit, $150 plus $1 per acre-foot approved or
fraction thereof.

Sec. 4. The state engineer may approve an application for an
environmental permit if:

1. The application
is accompanied by the prescribed fees and a copy of a letter or order issued by
the division of environmental protection of the state department of conservation
and natural resources requiring the applicant to take steps to protect the
environment;

2. The
appropriation is in the public interest; and

3. The
appropriation does not impair water rights held by other persons.

Sec. 5. The state engineer shall not:

1. Issue an
environmental permit for a period which is longer than the period set forth in
the letter or order issued by the division of environmental protection of the
state department of conservation and natural resources requiring the applicant
to take steps to protect the environment.

533.360 1. Except as
otherwise provided in NRS 533.345 and subsection 3 of NRS 533.370 [,]and subsection
3, when an application is filed in compliance with this chapter the
state engineer shall, within 30 days, publish or cause to be published for a
period of 4 consecutive weeks, in a newspaper of general circulation and
printed and published in the county where the water is sought to be
appropriated, a notice of the application, which sets forth:

(a) That the application has been filed.

(b) The date of the filing.

(c) The name and address of the applicant.

(d) The name of the source from which the
appropriation is to be made.

(e) The location of the place of diversion.

(f) The purpose for which the water is to be
appropriated.

The publisher shall add thereto the date of the first
publication and the date of the last publication.

2. [Proof]Except as otherwise provided in subsection 3, proof of
publication must be filed within 30 days after the final day of publication.
The state engineer shall pay for the publication from the application fee. If
the application is canceled for any reason before publication, the state
engineer shall return to the applicant that portion of the application fee collected
for publication.

3. The provisions
of this section do not apply to an environmental permit.

Sec. 7. NRS 533.363 is
hereby amended to read as follows:

533.363 1. Except as otherwise provided in subsection 2, if water for which
a permit is requested is to be used in a county other than that county in which
it is to be appropriated, or is to be diverted from or used in a different
county than that in which it is currently being diverted or used, then the
state engineer shall give notice of the receipt of the request for the permit
to:

(a) The board of county commissioners of the
county in which the water for which the permit is requested will be
appropriated or is currently being diverted or used; and

(b) The board of county commissioners of the
county in which the water will be diverted or used.

2. The provisions of subsection 1 do not
apply : [if:]

(a) To an environmental
permit.

(b) If:

(1) The
water is to be appropriated and used; or

[(b)](2) Both the current and requested place of
diversion or use of the water are,

within a single, contiguous parcel of real property.

3. A person who requests a permit to
which the provisions of subsection 1 apply shall submit to each appropriate
board of county commissioners a copy of his application and any information
relevant to his request.

4. Each board of county commissioners
which is notified of a request for a permit pursuant to this section shall
consider the request at the next regular or special meeting of the board held
not earlier than 3 weeks after the notice is received. The board shall provide
public notice of the meeting for 3 consecutive weeks in a newspaper of general
circulation in its county. The notice must state the
time, place and purpose of the meeting.

must state the time, place and purpose of the meeting. At
the conclusion of the meeting the board may recommend a course of action to the
state engineer, but the recommendation is not binding on the state engineer.

Sec. 8. NRS 533.370 is
hereby amended to read as follows:

533.370 1. Except as
otherwise provided in NRS 533.345 and 533.372 and this section [,]and subsection
5 the state engineer shall approve an application submitted in proper
form which contemplates the application of water to beneficial use if:

(a) The application is accompanied by the
prescribed fees; and

(b) The proposed use or change, if within an
irrigation district, does not adversely affect the cost of water for other
holders of water rights in the district or lessen the districts efficiency in
its delivery or use of water.

2. [The]Except as otherwise provided in subsection 5, the state
engineer shall either approve or reject each application within 1 year after
the final date for filing a protest. However:

(a) Action can be postponed by the state
engineer upon written authorization to do so by the applicant or, in case of a
protested application, by both the protestant and the applicant; and

(b) In areas where studies of water supplies are
being made or where court actions are pending, the state engineer may withhold
action until it is determined there is unappropriated water or the court action
becomes final.

3. [Where]Except as otherwise provided in subsection 5, where there
is no unappropriated water in the proposed source of supply, or where its
proposed use or change conflicts with existing rights, or threatens to prove
detrimental to the public interest, the state engineer shall reject the application
and refuse to issue the permit asked for. Where a previous application for a
similar use of water within the same basin has been rejected on these grounds,
the new application may be denied without publication.

4. The rejection or approval of an
application must be endorsed on a copy of the original application, and a
record made of the endorsement in the records of the state engineer. The copy
of the application so endorsed must be returned to the applicant. If the
application is approved, the applicant may, on receipt thereof, proceed with
the construction of the necessary works and take all steps required to apply
the water to beneficial use and to perfect the proposed appropriation. If the
application is rejected the applicant may take no steps toward the prosecution
of the proposed work or the diversion and use of the public water so long as
the rejection continues in force.

5. The provisions
of subsections 1, 2 and 3 do not apply to an application for an environmental
permit.

Sec. 9. NRS 533.380 is
hereby amended to read as follows:

533.380 1. [In]Except as
otherwise provided in subsection 5, in his endorsement of approval upon
any application, the state engineer shall:

(a) Set a time before which the construction of
the work must be completed, which must be within 5 years [of]after the
date of [such] approval.

(b) Except as otherwise provided in this
paragraph, set a time before which the complete application of water to a
beneficial use must be made, which must not exceed 10 years after the date of
the approval. The time set under this paragraph respecting an application for a
permit to apply water to a municipal or quasi-municipal use on any land:

(1) For which a final subdivision map has
been recorded pursuant to chapter 278 of NRS;

(2) For which a plan for the development
of a project has been approved by the local government pursuant to NRS 278.010
to 278.460, inclusive; or

(3) On any land for which a plan for the
development of a planned unit development has been recorded pursuant to chapter
278A of NRS,

must not be less than 5 years.

2. The state engineer may limit the
applicant to a smaller quantity of water, to a shorter time for the completion
of work, and, except as otherwise provided in paragraph (b) of subsection 1, to
a shorter time for the perfecting of the application than named in the
application.

3. Except as otherwise provided in
subsection 4 and [subject to the provisions of
NRS 533.395,]NRS 533.395 and section 5 of
this act, the state engineer may, for good cause shown, extend the time
within which construction work must be completed, or water must be applied to a
beneficial use under any permit therefor issued by him, but an application for
the extension must in all cases be made within 30 days following notice by
registered or certified mail that proof of the work is due as provided for in
NRS 533.390 and 533.410.

4. [Subject
to the provisions of NRS 533.395,]Except
as otherwise provided in NRS 533.395 and subsection 5, wherever the
holder of a permit issued for any municipal or quasi-municipal use of water on
any land referred to in paragraph (b) of subsection 1, or for any use which may
be served by a county, city, town, public water district or public water
company, requests an extension of time to apply the water to a beneficial use,
the state engineer shall, in determining whether to grant or deny the extension,
consider, among other factors:

(a) Whether the holder has shown good cause for
not having made a complete application of the water to a beneficial use;

(b) The number of parcels and commercial or
residential units which are contained in or planned for the land being
developed or the area being served by the county, city, town, public water
district or public water company;

(c) Any economic conditions which affect the
ability of the holder to make a complete application of the water to a
beneficial use;

(d) Any delays in the development of the land or
the area being served by the county, city, town, public water district or
public water company which were caused by unanticipated natural conditions; and

(e) The period contemplated in the:

(1) Plan for the development of a project
approved by the local government pursuant to NRS 278.010 to 278.460, inclusive;
or

(2) Plan for the development of a planned
unit development recorded pursuant to chapter 278A of NRS,

if any, for completing the development of the land.

5. The provisions
of subsections 1 and 4 do not apply to an environmental permit.

Sec. 10. NRS 533.400 is
hereby amended to read as follows:

533.400 1. [On]Except as
otherwise provided in subsection 2, on or before the date set in the
endorsement of a permit for the application of water to beneficial use, or on
the date set by the state engineer under a proper application
for extension therefor, any person holding a permit from the state engineer to
appropriate the public waters of the State of Nevada, to change the place of
diversion or the manner or place of use, shall file with the state engineer a
statement under oath, on a form prescribed by the state engineer .

application for extension therefor, any person holding a
permit from the state engineer to appropriate the public waters of the State of
Nevada, to change the place of diversion or the manner or place of use, shall
file with the state engineer a statement under oath, on a form prescribed by
the state engineer . [,
which statement shall

1.]The statement must include:

(a) The name and
post office address of the person making [such
proof.

2.]the proof.

(b) The number and
date of the permit for which proof is made.

[3.](c) The source of the water
supply.

[4.](d) The name of the canal or other works by which
the water is conducted to the place of use.

[5.](e) The name of the original person to whom the
permit was issued.

[6.](f) The purpose for which the water is used.

[7.](g) If for irrigation, the actual number of acres
of land upon which the water granted in the permit has been beneficially used,
giving the same by 40-acre legal subdivisions when possible.

[8.](h) An actual measurement taken by a licensed
state water right surveyor or an official or employee of the state engineers
office of the water diverted for [such use.

9.]beneficial use.

(i) The capacity
of the works of diversion.

[10.](j) If for power, the dimensions and capacity of
the flume, pipe, ditch or other conduit.

[11.](k) The average grade and difference in elevation
between the termini of [such conduit.

12.]any conduit.

(l) The number of
months, naming them, in which water has been beneficially used.

[13.](m) The amount of water beneficially used, taken
from actual measurements, together with such other data as the state engineer
may require to acquaint himself with the amount of the appropriation for which
the proof is filed.

2. The provisions
of subsection 1 do not apply to a person holding an environmental permit.

________

κ1991 Statutes
of Nevada, Page 762κ

CHAPTER 290, AB 699

Assembly Bill No.
699Committee on Taxation

CHAPTER 290

AN ACT relating to the City of North Las
Vegas; amending the charter of the City of North Las Vegas to authorize the
city council to adopt ordinances prohibiting the use of buildings and
structures for illegal activities; and providing other matters properly
relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Section 2.180 of the
charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada
1971, as amended by chapter 723, Statutes of Nevada 1973, at page 1439, is
hereby amended to read as follows:

Sec. 2.180 1. The city council may:

[1.](a) Regulate all matters relating to the
construction, maintenance, use, occupancy and safety of buildings, structures
and property within the city.

[2.](b) Adopt any building, plumbing,
electrical, mechanical, housing, sign or safety code necessary to carry out the
provisions of this section and establish such fees and penalties as [may be necessary.

3.]are necessary.

(c) Adopt
any ordinance to prohibit the use or maintenance of a building or structure for
any activity that violates the laws of the state or ordinances of the city or
the county in which the city is located, including, but not limited to, laws or
ordinances relating to the sale, distribution, manufacture or use of controlled
substances, gambling or prostitution. The ordinance may include such penalties
as are necessary.

2. Notwithstanding
the provisions of subsection [2,]1, if state law requires the adoption by the city of a
particular code or regulation, that, and no other, [shall]must be adopted by the city as the exclusive
authority governing the subject concerned.

Sec. 2. This act becomes
effective upon passage and approval.

________

κ1991
Statutes of Nevada, Page 763κ

CHAPTER 291, SB 510

Senate Bill No.
510Committee on Judiciary

CHAPTER 291

AN ACT relating to compensation for
victims of crime; transferring certain duties from the hearing officer to the
compensation officer; clarifying the appeals process; and providing other
matters properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 217 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. An
applicant who is subject to the provisions of this chapter may request a
hearing before a hearing officer on any matter within the hearing officers
authority. The compensation officer shall provide with his decision the
necessary information for requesting such a hearing.

2. An applicant
aggrieved by a compensation officers decision may appeal the decision by
filing a request for a hearing before a hearing officer. Such a request must be
filed within 15 days after the decision was mailed by the clerk or compensation
officer.

3. Failure to file
a request for a hearing within the period specified in subsection 2 may be
excused if the applicant shows by a preponderance of the evidence that he did
not receive the notice of the decision and the information necessary to request
a hearing.

4. The applicant
shall notify the compensation officer and the hearing officer in writing of a
change of address within a reasonable time after that change.

Sec. 2. NRS 217.005 is
hereby amended to read as follows:

217.005 The [chief
of the hearings division of the department of administration]clerk of the board may prepare and disseminate
information describing the benefits available pursuant to this chapter to
victims of crime.

Sec. 3. NRS 217.020 is
hereby amended to read as follows:

217.020 A used in NRS 217.010 to 217.270,
inclusive, and section 1 of this act, unless the
context otherwise requires, the words and terms defined in NRS 217.025 to
217.070, inclusive, have the meanings ascribed to them in those sections.

Sec. 4. NRS 217.025 is
hereby amended to read as follows:

217.025 Appeals officer means an
appeals officer [of the hearings division]
of the department of administration.

Sec. 5. NRS 217.033 is
hereby amended to read as follows:

217.033 Compensation officer means a
compensation officer [of the hearings division]
of the department of administration.

Sec. 6. NRS 217.035 is
hereby amended to read as follows:

217.035 Crime means an act or omission
committed within this state which , if committed by an
adult, is forbidden by law and punishable upon conviction by death,
imprisonment, fine or other penal discipline.

217.045 Hearing officer means a hearing
officer [of the hearing division] of
the department of administration.

Sec. 8. NRS 217.090 is
hereby amended to read as follows:

217.090 1. The clerk of the
board shall appoint one or more compensation officers.

2. A compensation officer shall:

(a) Conduct an investigation to determine the
eligibility of the applicant for aid, including but not limited to:

(1) Compiling bills and medical reports
from physicians who have treated the victim for his injury;

(2) Obtaining from the victim a signed
affidavit indicating the amount of any wages allegedly lost because of the
injury and verifying that information with the employer of the victim;

(3) Obtaining and reviewing reports of
peace officers and statements of witnesses; and

(4) Determining the availability to the
applicant of any insurance benefits or other source from which the applicant is
eligible to be compensated on account of his injuries or the death of the
victim.

(b) After completing his investigation, make a [report and recommendation to the hearing officer.]determination of eligibility and render a written
decision, including an order directing payment of compensation, if compensation
is due.

3. Each compensation officer appointed by
the board must receive at least 8 hours of instruction concerning the methods
used to interview victims of crime before he may conduct interviews as a
compensation officer.

Sec. 9. NRS 217.095 is
hereby amended to read as follows:

217.095 1. A person is
eligible for an emergency award [under]pursuant to this section if he lacks financial
resources which would allow him to pay compensable costs before a final award
is made.

2. A person may request an emergency
award in his application to the board for compensation. An emergency award may
be made to:

(a) Replace money lost as a direct consequence
of criminal action if the applicant needs to replace the lost money to pay his
expenses for the next 30 days. An award pursuant to this paragraph must not
exceed $400.

(b) Pay for the replacement or repair of lost or
damaged property which is essential to the physical or psychological health of
the applicant. Such property includes, but is not limited to, eyeglasses or
dentures and other prosthetic devices, and locks, windows and doors of the
victims dwelling. An award pursuant to this paragraph must not exceed $1,000.

An emergency award must be granted if the applicant submits
sufficient evidence to establish a prima facie case for granting compensation
pursuant to NRS 217.010 to 217.270, inclusive, and
section 1 of this act, and to satisfy the requirements of this section.

3. The board shall refer the application
for an emergency award and any supporting documents to a compensation officer
within [2]5
working days after the application is received. The compensation officer
shall investigate the application and [submit a
report to a hearing officer]render a
decision within 5 working days after
receiving the application. [The hearing officer shall render a decision on any report submitted to him within 3
days after its receipt.]

shall render a decision on any report
submitted to him within 3 days after its receipt.]

4. No award may be made pursuant to this
section unless the application is submitted within 45 days after the date of
the personal injury or death on which the claim is based or, if an application
could not reasonably have been submitted within that period, within 15 days
after an application could reasonably have been submitted.

5. The amount of [any]an emergency award must be deducted from any
award subsequently granted.

Sec. 10. NRS 217.105 is
hereby amended to read as follows:

217.105 Any information which a
compensation officer obtains in the investigation of a claim for compensation
pursuant to NRS 217.090 or which is submitted pursuant to NRS 217.100 is
confidential and must not be disclosed except:

1. Upon the request of the applicant or
his attorney;

2. In the necessary administration of
this chapter; or

3. Upon the lawful order of a court of
competent jurisdiction [.],

unless the disclosure is otherwise
prohibited by law.

Sec. 11. NRS 217.110 is
hereby amended to read as follows:

217.110 1. Upon receipt of
an application for compensation, the [clerk of
the board shall deny it if the applicants ineligibility is apparent from the
facts stated in the application. Otherwise, he shall refer the application,
together with the reports of the treating or examining physicians, to a
compensation officer within 5 days. The applicant may appeal the denial to an
appeals officer within 15 days after the decision.

2. The]
compensation officer shall review the application to determine whether the
applicant qualifies for compensation. The compensation officer [may]shall deny
the claim within 5 days after receipt of the application
if the applicants ineligibility is apparent from the facts stated in
the application. The applicant may appeal the denial to [an
appeals]a hearing officer within
15 days after the decision. If the [appeals]hearing officer determines that the applicant may
be entitled to compensation, [he]the hearing officer shall order the compensation
officer to complete an investigation and [report]render a decision pursuant to subsection [3.]2. If
the [appeals]hearing officer denies the appeal, the [board may review the application and approve the
denial or order an investigation and report. The appeals officer shall render
his decision within 10 days after receiving notice of the appeal. He shall
notify the applicant of his decision by certified mail, return receipt
requested.

3.]applicant may appeal to an appeals officer pursuant to NRS
217.117.

2. If the
compensation officer does not deny the application pursuant to subsection [2,]1, or
if he is ordered to proceed by the [appeals
officer or the board,]hearing officer, he
shall conduct [his]an investigation and [submit
his report and recommendation to a hearing officer], except as otherwise provided in subsection 3, render a
decision within 60 days after his receipt of the application or order.
If in conducting his investigation the compensation officer believes that [reports]:

(a) Reports on the
previous medical history of the victim [, or an];

(b) An examination
of the victim and a report of that examination [,
or a];

(c) A report on
the cause of death of the victim by an impartial medical expert ; or

(d) Investigative or
police reports,

would aid him in making his [recommendation,]decision, the compensation officer may order the
reports.

[4. Within
15 days after the hearing officer receives the report and recommendation of the
compensation officer, the hearing]

3. When
additional reports are requested pursuant to subsection 2, the compensation officer
shall render a decision in the case, including [any]an order directing the payment of compensation, [or give notice to the applicant that a hearing will be
held. The hearing must be held within 20 days after the notice is given.]if compensation is due, within 15 days after receipt of
the reports.

Sec. 12. NRS 217.113 is
hereby amended to read as follows:

217.113 1. [The hearing officer may hold the hearing at a time and
place, and take such testimony, as he deems advisable.]If an applicant appeals a determination of the compensation
officer, the hearing officer shall hold a hearing unless the hearing officer
can render a favorable decision to the applicant without a hearing. If the
hearing officer holds a hearing, the hearing officer shall:

(a) Within 5 days after
receiving a request for a hearing, set the hearing for a date and time within
30 days after receipt of the request; and

(b) Give notice by United
States mail or by personal service to the applicant at least 15 days before the
date and time scheduled for the hearing.

The hearing officer shall render a
decision in the case, including an order directing payment of compensation, if
compensation is due, within 15 days after the hearing or receiving the reports
necessary in rendering the decision. The hearing officer may affirm, modify or
reverse the decision of the compensation officer. The hearing officer shall
mail his decision to the applicant and include any information necessary for
appealing the decision to the appeals officer.

2. The hearing officer may issue subpenas
to compel the attendance of witnesses and the production of books and papers at
the hearing.

3. If [any]a witness refuses to attend or testify or produce
any books and papers as required by the subpena, the hearing officer may report
to the district court by petition, setting forth that:

(a) Due notice has been given of the time and
place of attendance of the witness or the production of the books and papers;

(b) The witness has been subpenaed by the
hearing officer pursuant to this section; and

(c) The witness has failed or refused to attend
or produce the books and papers required by the subpena before the hearing
officer who is named in the subpena, or has refused to answer questions
propounded to him,

and asking for an order of the court compelling the witness
to attend and testify or produce the books and papers before the hearing
officer.

4. Upon receiving such
a petition, the court shall enter an order
directing the witness to appear before the court at a time and place to be
fixed by the court in its order, the time to be not more than 10 days from the
date of the order, and then and there show cause why he has not attended or
testified or produced the books or papers before the
hearing officer.

produced the books or papers before the hearing officer. A
certified copy of the order must be served upon the witness.

5. If it appears to the court that the
subpena was regularly issued by the hearing officer, the court shall enter an
order that the witness appear before the hearing officer at the time and place
fixed in the order and testify or produce the required books or papers, and
upon failure to obey the order the witness must be dealt with as for contempt
of court.

6. The applicant and any other person
having a substantial interest in the outcome of the hearing may appear and be
heard, produce evidence and cross- examine witnesses in person or by his
attorney. The hearing officer also may hear other persons who may have relevant
evidence to submit.

7. Any statement, document, information
or matter may be received in evidence if, in the opinion of the hearing officer,
it contributes to a determination of the claim, whether or not [such]the evidence
would be admissible in a court of law.

8. The hearing officer shall create a
record of each hearing. The record may be in the form of a sound recording.

9. The hearing officer shall render his
decision in the case, including [any]an order directing the payment of compensation, if compensation is due, within [10]15 days after the hearing.

Sec. 13. NRS 217.117 is
hereby amended to read as follows:

217.117 1. The applicant or clerk of the board may, within 15 days after the
hearing officer renders his decision, appeal the decision to an appeals
officer. The appeals officer may hold a hearing or render a decision without a
hearing. If the appeals officer holds a hearing he must give notice to the
applicant, hold the hearing within [20]30 days after the notice, and render his decision
in the case within [10]15 days after the hearing. The appeals officer [must]shall render
a decision in each case within [45]30 days after receiving the appeal and the record
[, whether or not]if a hearing is not held.
The appeals officer may affirm, modify or reverse the decision of the hearing
officer.

2. The appeals
officer has the same powers as are vested in the hearing officer pursuant to
NRS 217.113.

3. The
applicant or clerk of the board may, within 15
days after the appeals officer renders his decision, appeal the decision to the
board. The board shall consider the appeal on the record at its next scheduled
meeting if the appeal and the record are received by the board at least 5 days
before the meeting. Within [10]15 days after the meeting the board shall render its
decision in the case or give notice to the applicant that a hearing will be
held. The hearing must be held within 30 days after the notice is given and the
board shall render its decision in the case within [10]15 days after the hearing.

[3. The
board may on its own motion, within 15 days after the appeals officer renders
his decision, modify or reverse the decision.]The board may affirm, modify or reverse the decision of the
appeals officer.

4. The decision of the board is final and
not subject to judicial review.

Sec. 14. NRS 217.150 is
hereby amended to read as follows:

217.150 The board shall , so far as practicable, formulate standards for the
uniform application of NRS 217.010 to 217.270, inclusive, and section 1 if this act, by the
[hearing] compensation officers in the determination of the amount of any
compensation payable [under the provisions of] pursuant to NRS 217.010 to
217.270, inclusive , and section 1 of this act.

if this act, by the [hearing]compensation
officers in the determination of the amount of any compensation payable [under the provisions of]pursuant to NRS 217.010 to 217.270, inclusive , and section 1 of this act. The standards must take
into consideration rates and amounts of compensation payable for injuries and
death under other laws of this state and of the United States.

Sec. 15. NRS 217.160 is
hereby amended to read as follows:

217.160 The [hearing]compensation officer may order the payment of
compensation:

1. To or for the benefit of the victim;

2. If the victim has suffered personal
injury, to any person responsible for the maintenance of the victim who has
suffered pecuniary loss or incurred expenses as a result of the injury;

3. If the victim dies, to or for the
benefit of any one or more of the dependents of the victim; or

4. To a member of the victims household
or immediate family for psychological counseling for emotional trauma suffered
by the member as a result of the crime of murder as defined in NRS 200.010. As
used in this subsection:

(a) Household means an association of persons
who live in the same home or dwelling and who:

(1) Have significant personal ties to the
victim; or

(2) Are related by blood, adoption or
marriage, within the first degree of consanguinity or affinity.

(b) Immediate family means persons who are
related by blood, adoption or marriage, within the first degree of
consanguinity or affinity.

Sec. 16. NRS 217.170 is
hereby amended to read as follows:

217.170 Upon application made by an
appropriate prosecuting authority, the [hearing]compensation, hearing or appeals officer or the
board may suspend any proceedings being conducted pursuant to NRS 217.010 to
217.270, inclusive, and section 1 of this act, for
such period as he or it deems appropriate on the ground that a prosecution for
an offense arising from the act or omission to act on which the claim for compensation
is based has been commenced or is imminent.

Sec. 17. NRS 217.180 is
hereby amended to read as follows:

217.180 1. In determining
whether to make an order for compensation, the [hearing]compensation officer shall consider the
provocation, consent or any other behavior of the victim which directly or
indirectly contributed to his injury or death, the prior case or social
history, if any, of the victim, need of the victim or his dependents for
financial aid and other relevant matters.

2. If the [claimant]applicant has received or is likely to receive
any amount on account of his injuries or the death of another from:

(a) The person who committed the crime which
caused the victims injury or from anyone paying on behalf of the offender;

(b) Insurance;

(c) The employer of the victim; or

(d) Any other private or public source or
program of assistance,

[he]the applicant shall report the amounts received or
which he is likely to receive to the compensation officer. Any of those sources
which is obligated to pay any amount after the award of
compensation shall pay the board any amount of compensation which has been paid
to the [claimant] applicant and pay the remainder of the amount due to the
[claimant.

to pay any amount after the award of compensation shall pay
the board any amount of compensation which has been paid to the [claimant]applicant
and pay the remainder of the amount due to the [claimant.
The hearing]applicant. The compensation
officer shall deduct the amounts which the [claimant]applicant has received or is likely to receive
from those sources from the [victims]applicants total expenses.

3. An order for compensation may be made
whether or not any person is prosecuted or convicted of any offense arising
from the act on which the claim for compensation is based.

Sec. 18. NRS 217.200 is
hereby amended to read as follows:

217.200 1. The [hearing]compensation
officer may order the payment of compensation and the award of a
governors certificate for meritorious citizens service to a victim as defined
in NRS 217.070 for:

(a) Medical expenses, expenses for psychological
counseling and nonmedical remedial care and treatment rendered in accordance
with a religious method of healing, actually and reasonably incurred as a
result of the personal injury or death of the victim;

(b) Loss of earnings or support not to exceed
$200 per week and reasonably incurred as a result of the total or partial incapacity
of the victim;

(c) Pecuniary loss to the dependents of a
deceased victim;

(d) Funeral expenses, not in excess of $1,000, which
are actually and reasonably incurred as a result of the death of the victim;
and

(e) Any other loss which results from the
personal injury or death of the victim and which the [hearing]compensation officer determines to be reasonable.

2. The [hearing]compensation officer may order the payment of
compensation for any person who pays the funeral expenses of a victim.

3. No award may be made for more than
$15,000.

Sec. 19. NRS 217.210 is
hereby amended to read as follows:

217.210 1. Except as
otherwise provided in subsection 3, no order for the payment of compensation
may be made unless the application is made within 1 year after the date of the
personal injury or death on which the claim is based, unless
waived by the board of examiners or a person designated by the board for good
cause shown, and the personal injury or death was the result of an
incident or offense which was reported to the police within 5 days of its
occurrence or, if the incident or offense could not reasonably have been
reported within that period, within 5 days of the time when a report could
reasonably have been made.

2. A claim with respect to which
information has been requested from [a claimant]an applicant by the compensation officer , [or] hearing
officer or appeals officer remains open for 1
year after the request is made. If [a claimant]an applicant does not submit the requested
information within 1 year after the request is made, the claim must be denied.

3. The limitations upon payment of
compensation established in subsection 1 do not apply to a minor who is
sexually abused or who is involved in the production of pornography. Such a
minor must apply for compensation before reaching 21 years of age.

217.220 1. Except as
otherwise provided in subsections 2, 3 and 4, compensation must not be awarded
if the victim:

(a) Is a relative of the offender;

(b) Was, at the time of the personal injury or
death of the victim, living with the offender in a continuing relationship;

(c) Was injured or killed as a result of the
operation of a motor vehicle, boat or airplane unless the vehicle, boat or
airplane was used as a weapon in a deliberate attempt to harm the victim or
unless the vehicle was used in violation of NRS 484.379 or its use was
punishable pursuant to NRS 484.3795;

(d) Was not a resident of the State of Nevada at
the time the incident upon which the claim is based occurred; [or]

(e) Was a coconspirator, codefendant, accomplice
or adult passenger of the offender whose crime caused the victims injuries [.]; or

(f) Fails to cooperate
with law enforcement agencies. Such cooperation does not require prosecution of
the offender.

2. The provisions of paragraphs (a) and (b) of subsection 1 do not apply to
a minor who was [involved]:

(a) Involved in
the production of pornography in violation of NRS 200.710, 200.720 or 200.730 [.

3. The provisions
of paragraphs (a) and (b) of subsection 1 do not apply to a minor who:

(a) Was a];

(b) A victim of
sexual abuse, as that term is defined in NRS 432B.100; or

[(b) Was
physically]

(c) Physically injured
or killed while being a passenger in the vehicle of an offender who violated
NRS 484.379 or is punishable pursuant to NRS 484.3795.

[4.]3. A victim who is a relative of the
offender or who, at the time of the personal injury or death of the victim, was
living with the offender in a continuing relationship may be awarded
compensation if:

(a) The offender would not profit by the
compensation of the victim; and

(b) The offender was not in violation of NRS
484.379 or punishable pursuant to NRS 484.3795 . [; and

(c) The victim cooperates
with agencies of law enforcement. Such cooperation does not require prosecution
of the offender.

5. The hearing]

4. The
compensation officer may deny an award if he determines that the [claimant]applicant
will not suffer serious financial hardship. In determining whether [a claimant]an
applicant will suffer serious financial hardship, the [hearing]compensation
officer shall not consider:

(a) The value of the victims dwelling;

(b) The value of one motor vehicle owned by the
victim; or

(c) The savings and investments of the victim up
to an amount equal to the victims annual salary.

Sec. 21. NRS 217.240 is
hereby amended to read as follows:

217.240 [A
claimant]An applicant who accepts
an award does so under the following conditions:

1. The State of Nevada is immediately
subrogated in the amount of the award to any right of action or recovery the [claimant]applicant
may have against any party, and that right of subrogation may be
diminished for attorneys fees and other costs of litigation in obtaining a
recovery from another source; and

2. If recovery from any source is
obtained for damages caused by the crime, the [claimant]applicant shall promptly notify the department of
administration of the source and amount of that recovery, and shall promptly
pay to the board the lesser of the amount of the award made [under]pursuant
to this chapter or the amount recovered less attorneys fees and costs. The
duty of notice and payment [under]pursuant to this subsection continues until the amount
of the award has been repaid to the State of Nevada.

Sec. 22. NRS 217.250 is
hereby amended to read as follows:

217.250 The board shall prepare and
transmit biennially to the legislature a report of its activities, including:

1. The amount of compensation awarded;

2. The number of [claimants]applicants;

3. The number of [claimants]applicants who were denied compensation; and

4. The average length of time taken to
award compensation, from the date of receipt of the application to the date of
the payment of compensation.

Sec. 23. NRS 217.260 is
hereby amended to read as follows:

217.260 1. Money for payment
of compensation as ordered by the board and for payment of salaries and other
expenses incurred by the [hearings division of
the] department of administration pursuant to NRS 217.010 to
217.270, inclusive, and section 1 of this act, must
be paid from the fund for the compensation of victims of crime, which is hereby
created. Money in the fund must be disbursed on the order of the board in the
same manner as other claims against the state are paid. The board shall
estimate quarterly:

(a) The revenue in the fund which is available
for the payment of compensation; and

(b) The anticipated expenses for the next
quarter.

If the estimated expenses for the quarter exceed the
available revenue, all claims paid in that quarter must be reduced in the same
proportion as the expenses exceeded the revenue.

2. Money deposited in the fund which is
recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest
and income earned on that money must be used for the counseling and medical treatment
of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720,
200.730 or 201.230.

3. The interest and income earned on the
money in the fund for the compensation of victims of crime, after deducting any
applicable charges, must be credited to the fund.

Sec. 24. Section 15 of this
act becomes effective at 12:01 a.m. on October 1, 1991.

________

κ1991
Statutes of Nevada, Page 772κ

CHAPTER 292, SB 524

Senate Bill No.
524Committee on Finance

CHAPTER 292

AN ACT making an appropriation to the
Nevada racing commission for the payment of certain operating expenses; and
providing other matters properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the Nevada racing commission the
sum of $12,400 for the payment of certain operating expenses.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be committed
for expenditure after June 30, 1991, and reverts to the state general fund as
soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 293, AB 448

Assembly Bill No.
448Committee on Ways and Means

CHAPTER 293

AN ACT relating to litigation expenses;
making a supplemental appropriation to the office of the attorney general for
additional litigation expenses relating to the high-level radioactive waste
repository; making an appropriation to the welfare administrative account for
the retention of private counsel to represent the State of Nevada in certain
litigation; and providing other matters properly relating thereto.

[Approved June 7, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is herebyappropriated from the state general fund to the office of the attorney
general the sum of $20,000 for additional litigation expenses related to issues
concerning the high-level radioactive waste repository. This appropriation is
supplemental to that made by section 4 of chapter 611, Statutes of Nevada 1989,
at page 1347.

Sec. 2. 1. There
is hereby appropriated from the state general fund to the welfare administrative
account in the state general fund the sum of $150,000 for the retention by the
attorney general of private legal counsel to assist in the litigation of Hillhaven
et al., vs. Welfare Division et al.

2. Any remaining balance of the
appropriation made by subsection 1 must not be committed for expenditure after
June 30, 1993, and reverts to the state general fund as soon as all payments of
money committed have been paid.

AN ACT relating to the state flag;
changing its design; and providing other matters properly relating thereto.

[Approved June 8, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 235.020 is
hereby amended to read as follows:

235.020 The official flag of the State of
Nevada is hereby created . [, to be designed of the following colors, with the
following lettering and devices thereon:] The body of the flag [shall]must be
of solid cobalt blue. On the field in the upper left quarter thereof [shall]must be
two sprays of sagebrush with the stems crossed at the bottom to form a half
wreath. With the sprays [shall]must be a five-pointed silver star with one point up.
The word Nevada [shall]must also be inscribed [within
the sprays, and shall be inscribed]below
the star and above the sprays, in a semicircular pattern with the letters
spaced apart in equal increments, in the same style of letters as the words
Battle [Born and shall be inscribed in the
following manner: Beginning at the upper point shall appear the letter N, the
others letters shall appear equally spaced between the points of the star.]Born. Above the wreath, and touching the tips
thereof, [shall]must be a scroll bearing the words [Battle Born; the scroll shall]Battle Born. The scroll and the word Nevada must be
golden-yellow . [,
and the lettering thereon]The lettering
on the scroll must be black-colored [roman]sans serif gothic capital letters.

Sec. 2. 1. Any
state flag made on or after October 1, 1991, must bear the design described
pursuant to the amendatory provisions of section 1 of this act.

2. A state flag made before October 1,
1991, may be displayed notwithstanding the amendatory provisions of this act.

AN ACT relating to crimes against the
person; increasing the penalty in certain circumstances for an assault or
battery upon a school employee; and providing other matters properly relating
thereto.

[Approved June 8, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 200.471 is
hereby amended to read as follows:

200.471 1. An used in this
section:

(a) Assault means an unlawful attempt, coupled
with a present ability, to commit a violent injury on the person of another.

(b) Officer means:

(1) A person who possesses some or all of
the powers of a peace officer;

(2) A person employed in a full-time
salaried occupation of fire fighting for the benefit or safety of the public;

(3) A member of a volunteer fire
department; or

(4) A jailer, guard, matron or other
correctional officer of a city or county jail.

(c) School employee
means any licensed or unlicensed person employed by a board of trustees of a
school district pursuant to NRS 391.100.

2. Any person convicted of an assault
shall be punished:

(a) If paragraph (c) of this subsection does not
apply to the circumstances of the crime and the assault is not made with use of
a deadly weapon, or the present ability to use a deadly weapon, for a
misdemeanor.

(b) If the assault is made with use of a deadly
weapon, or the present ability to use a deadly weapon, by imprisonment in the
state prison for not less than 1 year nor more than 6 years, or by a fine of
not more than $5,000, or by both fine and imprisonment.

(c) If the assault is committed upon an officer or a school employee who is performing his duty and the
person charged knew or should have known that the victim was an officer [,]or a school
employee, for a gross misdemeanor, unless the assault is made with use
of a deadly weapon, or the present ability to use a deadly weapon, then by
imprisonment in the state prison for not less than 1 year nor more than 6
years, or by a fine of not more than $5,000, or by both fine and imprisonment.

Sec. 2. NRS 200.481 is
hereby amended to read as follows:

200.481 1. As used in this
section:

(a) Battery means any willful and unlawful use
of force or violence upon the person of another.

(1) A person who possesses some or all of
the powers of a peace officer;

(2) A person employed in a full-time
salaried occupation of fire fighting for the benefit or safety of the public;

(3) A member of a volunteer fire
department; or

(4) A jailer, guard, matron or other
correctional officer of a city or county jail or detention facility.

(d) School employee
means any licensed or unlicensed person employed by a board of trustees of a
school district pursuant to NRS 391.100.

2. Any person convicted of a battery,
other than a battery committed by an adult upon a child which constitutes child
abuse, shall be punished:

(a) If the battery is not committed with a
deadly weapon, and no substantial bodily harm to the victim results, except
under circumstances where a greater penalty is provided in paragraph (d) or in
NRS 197.090, for a misdemeanor. If the battery is committed upon his spouse,
former spouse, a person to whom he is related by blood, a person with whom he
is or was actually residing or with whom he has a child in common, his minor
child or a minor child of that person, the court, as a part of the sentence
imposed, may require the person to participate in and complete a program of
counseling to prevent abuse of his family.

(b) If the battery is not committed with a
deadly weapon, and substantial bodily harm to the victim results, by
imprisonment in the state prison for not less than 1 year nor more than 10
years, or by imprisonment in the county jail for not more than 1 year, or by a
fine of not more than $10,000, or by both fine and imprisonment. If
imprisonment in the county jail, or a fine, or both, is the prescribed
punishment, the crime shall for all purposes be deemed a gross misdemeanor.

(c) If the battery is committed upon an officer or a school employee and:

(1) The officer or
school employee was performing his duty;

(2) The officer or
school employee suffers substantial bodily harm; and

(3) The person charged knew or should
have known that the victim was an officer [,]or a school employee,

by imprisonment in the state prison for not less than 1 year
nor more than 10 years, or by a fine of not more than $10,000, or by both fine
and imprisonment.

(d) If the battery is committed upon an officer or a school employee who is performing his duty and the
person charged knew or should have known that the victim was an officer [,]or a school
employee, for a gross misdemeanor, except under circumstances where a
greater penalty is provided in this section.

(e) If the battery is committed with the use of
a deadly weapon, by imprisonment in the state prison for not less than 2 years
nor more than 10 years and may be further punished by a fine of not more than
$10,000.

(f) If the battery is committed by a prisoner
who is in lawful custody or confinement, without the use of a deadly weapon,
whether or not substantial bodily harm results, by imprisonment in the state
prison for not less than 1 year nor more than 6 years.

(g) If the battery is committed by a prisoner
who is in lawful custody or confinement with the use of a deadly weapon,
whether or not substantial bodily harm results, by
imprisonment in the state prison for not less than 2 years nor more than 20
years.

bodily harm results, by imprisonment in the state prison for
not less than 2 years nor more than 20 years.

Sec. 3. This act becomes
effective at 12:01 a.m. on October 1, 1991.

________

CHAPTER 296, AB 571

Assembly Bill No.
571Assemblymen Norton, Bache, Gibbons and Anderson

CHAPTER 296

AN ACT relating to public utilities;
clarifying the provision that precludes a utility from filing an application
involving an increased rate, fare or charge while another application is
pending; and providing other matters properly relating thereto.

[Approved June 8, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 704.110 is
hereby amended to read as follows:

704.110 Except as otherwise provided in
NRS 704.075 or as [may otherwise be]otherwise provided by the commission pursuant to
NRS 704.095 or 704.097:

1. Whenever there is filed with the
commission any schedule stating a new or revised individual or joint rate, fare
or charge, or any new or revised individual or joint regulation or practice
affecting any rate, fare or charge, or any schedule resulting in a
discontinuance, modification or restriction of service, the commission may,
upon complaint or upon its own motion without complaint, at once, without
answer or formal pleading by the interested utility, investigate or, upon
reasonable notice, conduct a hearing concerning the propriety of the rate, fare,
charge, classification, regulation, discontinuance, modification, restriction
or practice.

2. Pending the investigation or hearing
and the decision thereon, the commission, upon delivering to the utility
affected thereby a statement in writing of its reasons for the suspension, may
suspend the operation of the schedule and defer the use of the rate, fare,
charge, classification, regulation, discontinuance, modification, restriction
or practice, but not for more than 150 days beyond the time when the rate,
fare, charge, classification, regulation, discontinuance, modification,
restriction or practice would otherwise go into effect.

3. Whenever there is filed with the
commission any schedule stating an increased individual or joint rate, fare or
charge for service or equipment, the public utility shall submit with its
application a statement showing the recorded results of revenues, expenses,
investments and costs of capital for its most recent 12 months for which data
were available when the application was prepared. During any hearing concerning
the increased rates, fares or charges determined by the commission to be
necessary, the commission shall consider evidence in support of the increased
rates, fares or charges based upon actual recorded results of operations for
the same 12 months, adjusted for increased revenues, any increased investment
in facilities, increased expenses for depreciation,
certain other operating expenses as approved by the commission and changes in
the costs of securities which are known and are measurable with reasonable
accuracy at the time of filing and which will become effective within 6 months
after the last month of those 12 months, but no new rates, fares or charges may
be placed into effect until the changes have been experienced and certified by
the utility to the commission.

expenses for depreciation, certain other operating expenses
as approved by the commission and changes in the costs of securities which are
known and are measurable with reasonable accuracy at the time of filing and
which will become effective within 6 months after the last month of those 12
months, but no new rates, fares or charges may be placed into effect until the
changes have been experienced and certified by the utility to the commission.
The commission shall also consider evidence supporting expenses for
depreciation, calculated on an annual basis, applicable to major components of
the public utilitys plant placed into service during the recorded test period
or the period for certification as set forth in the application. Adjustments to
revenues, operating expenses and costs of securities must be calculated on an
annual basis. Within 90 days after the filing with the commission of the
certification required in this subsection, or before the expiration of any
period of suspension ordered pursuant to subsection 2, whichever time is
longer, the commission shall make such order in reference to those rates, fares
or charges as [may be]is required by this chapter.

4. After full investigation or hearing,
whether completed before or after the date upon which the rate, fare, charge,
classification, regulation, discontinuance, modification, restriction or
practice is to go into effect, the commission may make such order in reference
to the rate, fare, charge, classification, regulation, discontinuance,
modification, restriction or practice as would be proper in a proceeding
initiated after the rate, fare, charge, classification, regulation,
discontinuance, modification, restriction or practice has become effective.

5. Whenever an application is filed by a
public utility for an increase in any rate, fare or charge based upon increased
costs in the purchase of fuel or power, and the public utility has elected to
use deferred accounting for costs of the purchase of fuel or power in
accordance with the commissions regulations, the commission, by appropriate
order after a public hearing, shall allow the public utility to clear the
deferred account not more often than every 6 months by refunding any credit
balance or recovering any debit balance over a period not to exceed 1 year as
determined by the commission. The commission shall not allow a recovery of a
debit balance or any portion thereof in an amount which would result in a rate
of return in excess of the rate of return most recently granted the public
utility.

6. Except as otherwise
provided in subsection 7 or in NRS 707.350, whenever [an]a general
rate application for an increased rate, fare or charge for, or
classification, regulation, discontinuance, modification, restriction or
practice involving service or equipment has been filed with the commission, a
public utility shall not submit another general rate application
until all pending general rate applications for
increases in rates submitted by that public utility have been decided unless,
after application and hearing, the commission determines that a substantial
financial emergency would exist if the other application is not permitted to be
submitted sooner.

7. A public utility may not file an
application to recover the increased cost of purchased fuel, purchased power,
or natural gas purchased for resale more often than once every 30 days.

8. A utility facility identified in a
3-year plan submitted pursuant to NRS 704.741 or 704.755 and accepted by the
commission for acquisition or construction pursuant to NRS 704.751 or 704.755
and the regulations adopted pursuant thereto shall be deemed to be a prudent
investment. The utility may recover all just and reasonable costs of planning
and constructing such a facility. For the purposes of this subsection, utility
facility has the meaning ascribed to it in subsections 1, 2 and 3 of NRS
704.860.

________

CHAPTER 297, AB 305

Assembly Bill No.
305Select Committee on Corrections

CHAPTER 297

AN ACT relating to criminal offenders;
providing for the treatment of certain persons convicted of driving under the
influence of alcohol or a controlled substance; and providing other matters
properly relating thereto.

[Approved June 8, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 209 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 5,
inclusive, of this act.

Sec. 2. 1. If the results of an evaluation conducted
pursuant to section 16 of this act indicate that an offender is an abuser of
alcohol or drugs and that he can be treated successfully for his condition, the
director shall, except as otherwise provided in subsection 2, assign the
offender to the program of treatment established pursuant to section 3 of this
act. Such an assignment must be, to the extent that the period reasonably can
be predicted, for the year, or as much thereof as practicable, immediately
preceding the date the offender is due to be released from prison, either on
parole or at the expiration of his term.

2. The director is
not required to assign an offender to the program of treatment if the offender
is not eligible for assignment to an institution or facility of minimum
security pursuant to the provisions of NRS 209.481 and the regulations adopted
pursuant thereto.

3. The director
may withdraw the offender from the program of treatment at any time if he
determines that the offender:

(a) Is not responding
satisfactorily to the program; or

(b) Has failed or refused
to comply with any term or condition of the program.

Sec. 3. 1. The director shall, with the approval of the
board, establish a program for the treatment of an abuser of alcohol or drugs
who is imprisoned pursuant to NRS 484.3795 or paragraph (c) of subsection 1 of
NRS 484.3792. The program must include an initial period of intensive mental
and physical rehabilitation in a facility of the department, followed by
regular sessions of education, counseling and any other necessary or desirable
treatment.

2. The director
may, upon the request of the offender after the initial period of
rehabilitation, allow the offender to earn wages under any other program established by the department if the offender assigns
to the department any wages he earns under such a program.

program established by the department
if the offender assigns to the department any wages he earns under such a
program. The director may deduct from the wages of the offender an amount
determined by the director, with the approval of the board, to:

(a) Offset the costs, as
reflected in the budget of the department, to maintain the offender in a
facility or institution of the department and in the program of treatment
established pursuant to this section; and

(b) Meet any existing
obligation of the offender for the support of his family or restitution to any
victim of his crime.

Sec. 4. 1. The director may, at the request of an
offender who has:

(a) Established a
position of employment in the community; and

(b) Successfully
completed the initial period of rehabilitation required under the program of
treatment established pursuant to section 3 of this act, assign the offender to
the custody of the department of parole and probation to serve a term of
residential confinement, pursuant to section 12 of this act, for not longer
than the remainder of his sentence.

2. If an offender
assigned to the custody of the department of parole and probation pursuant to
this section escapes or violates any of the terms or conditions of his
residential confinement:

(a) The department of
parole and probation may, pursuant to the procedure set forth in section 15 of
this act, return the offender to the custody of the department of prisons.

(b) The offender forfeits
all or part of the credits for good behavior earned by him before the escape or
violation, as determined by the director. The director may provide for a
forfeiture of credits pursuant to this paragraph only after proof of the
offense and notice to the offender, and may restore credits forfeited for such
reasons as he considers proper. The decision of the director regarding such a
forfeiture is final.

3. The assignment
of an offender to the custody of the department of parole and probation
pursuant to this section shall be deemed:

(a) A continuation of his
imprisonment and not a release on parole; and

(b) For the purposes of
NRS 209.341, an assignment to a facility of the department of prisons,

except that such an offender is not
entitled to obtain any benefits or to participate in any programs provided to
offenders in the custody of the department of prisons.

4. No person has a
right to be assigned to the custody of the department of parole and probation
pursuant to this section, or to remain in that custody after such an
assignment, and it is not intended that the provisions of this section or of
sections 11 to 15, inclusive, of this act create any right or interest in
liberty or property or establish a basis for any cause of action against the
state, its political subdivisions, agencies, boards, commissions, departments,
officers or employees.

Sec. 5. As used in NRS 209.433 to 209.449, inclusive, unless the
context otherwise requires:

1. Offender
includes a prisoner in residential confinement.

2. Residential
confinement means the confinement of a prisoner, pursuant to section 12 of
this act, to his place of residence under the terms and conditions established
by the department of parole and probation.

209.433 1. Every offender
who was sentenced to prison on or before June 30, 1969, who has no serious
infraction of the regulations of the department , the
terms and conditions of his residential confinement, or the laws of the state recorded against him, and who
performs in a faithful, orderly and peaceable manner the duties assigned to
him, must be allowed for his term a deduction of 2 months in each of the first
2 years, 4 months in each of the next 2 years, and 5 months in each of the
remaining years of the term, and pro rata for any part of a year where the
sentence is for more or less than a year.

2. The mode of reckoning credits must be
as shown in the following table:

3. In addition to the credits for good
behavior provided for in subsection 1, the board shall adopt regulations
allowing credits for offenders whose diligence in labor or study merits the
credits and for offenders who donate their blood for charitable purposes. The
regulations must provide that an offender is entitled to the following credits
for educational achievement:

(a) For earning a general equivalency diploma,
30 days.

(b) For earning a high school diploma, 60 days.

(c) For earning an associate degree, 90 days.

4. Each offender is entitled to the
deductions allowed by this section if he has satisfied the conditions of
subsection 1 or 3 as determined by the director.

5. The chief
parole and probation officer or other person responsible for the supervision of
an offender in residential confinement shall report monthly to the director
regarding the offenders eligibility for an award of credits pursuant to this
section.

Sec. 7. NRS 209.443 is
hereby amended to read as follows:

209.443 1. Every offender
who is sentenced to prison after June 30, 1969, for a crime committed before
July 1, 1985, who has no serious infraction of the regulations of the
department , the terms and conditions of his residential
confinement, or the laws of the state
recorded against him, and who performs in a faithful,
orderly and peaceable manner the duties assigned to him, must be allowed [for]
:

who performs in a faithful, orderly and peaceable manner the
duties assigned to him, must be allowed [for]:

(a) For the period
he is actually incarcerated under sentence ; and

(b) For the period he is
in residential confinement,

a deduction of 2 months for each of the first 2 years, 4
months for each of the next 2 years, and 5 months for each of the remaining
years of the term, and pro rata for any part of a year where the actual term
served is for more or less than a year. Credit must be recorded on a monthly
basis as earned for actual time served.

and so on through as many years as may be the term of the
sentence. The total good time made must be deducted from the maximum term
imposed by the sentence and, except as otherwise provided
in subsection 5, applies to eligibility for parole.

3. In addition to the credits for good
behavior provided for in subsection 1, the board shall adopt regulations
allowing credits for offenders whose diligence in labor or study merits such
credits and for offenders who donate their blood for charitable purposes. The
regulations must provide that an offender is entitled to the following credits
for educational achievement:

(a) For earning a general equivalency diploma,
30 days.

(b) For earning a high school diploma, 60 days.

(c) For earning an associate degree, 90 days.

4. Each offender is entitled to the
deductions allowed by this section if he has satisfied the conditions of
subsection 1 or 3 as determined by the director.

5. Credits earned pursuant to this
section do not apply to eligibility for parole if a statute specifies a minimum
sentence which must be served before a person becomes eligible for parole.

6. The chief
parole and probation officer or other person responsible for the supervision of
an offender in residential confinement shall report monthly to the director
regarding the offenders eligibility for an award of credits pursuant to this
section.

209.446 1. Every offender
who is sentenced to prison for a crime committed on or after July 1, 1985, who
has no serious infraction of the regulations of the department , the terms and conditions of his residential confinement, or
the laws of the state recorded against him, and
who performs in a faithful, orderly and peaceable manner the duties assigned to
him, must be allowed [for]:

(a) For the period
he is actually incarcerated under sentence ; and

(b) For the period he is
in residential confinement,

a deduction of 10 days from his sentence for each month he
serves.

2. In addition to the credit provided for
in subsection 1, the director may allow not more than 10 days of credit each
month for an offender whose diligence in labor and study merits such credits.
In addition to the credits allowed pursuant to this subsection, an offender is
entitled to the following credits for educational achievement:

(a) For earning a general equivalency diploma, 30
days.

(b) For earning a high school diploma, 60 days.

(c) For earning an associate degree, 90 days.

3. The director may allow not more than
10 days of credit each month for an offender who participates in a diligent and
responsible manner in a center for the purpose of making restitution,
conservation camp, program of work release or another program conducted outside
of the prison. An offender who earns credit pursuant to this subsection is
entitled to the entire 20 days of credit each month which is authorized in
subsections 1 and 2.

4. The director may allow not more than
90 days of credit each year for an offender who engages in exceptional
meritorious service.

5. The board shall adopt regulations
governing the award, forfeiture and restoration of credits pursuant to this
section.

6. Credits earned pursuant to this
section:

(a) Must be deducted from the maximum term
imposed by the sentence; and

(b) Apply to eligibility for parole unless the
offender was sentenced pursuant to a statute which specifies a minimum sentence
which must be served before a person becomes eligible for parole.

7. The chief
parole and probation officer or other person responsible for the supervision of
an offender in residential confinement shall report monthly to the director
regarding the offenders eligibility for an award of credits pursuant to this
section.

Sec. 9. NRS 209.449 is
hereby amended to read as follows:

209.449 1. An
offender who has no serious infraction of the regulations of the department , the terms and conditions of his residential confinement, or
the laws of the state recorded against him must be allowed, in addition to the
credits provided pursuant to NRS 209.433, 209.443 or 209.446, a deduction of 30
days from the length of his remaining sentence for the completion of a program
of vocational education and training. If the offender completes the program of
vocational education and training with meritorious or exceptional achievement,
the director may allow not more than 60 days of credit in addition to the 30
days allowed for completion of the program.

2. The chief
parole and probation officer or other person responsible for the supervision of
an offender in residential confinement shall report to the director regarding
the offenders eligibility for an award of credits pursuant to this section.

Sec. 10. Chapter 213 of NRS is
hereby amended by adding thereto the provisions set forth as sections 11 to 15,
inclusive, of this act.

Sec. 11. As used in section 11 to 15, inclusive, of this act, unless
the context otherwise requires:

1. Department
means the department of parole and probation.

2. Offender
means a prisoner assigned to the custody of the department pursuant to section
4 of this act.

3. Residential
confinement means the confinement of an offender to his place of residence
under the terms and conditions established by the department.

2. The department
may establish, and at any time modify, the terms and conditions of the
residential confinement, except that the department shall:

(a) Require the offender
to participate in regular sessions of education, counseling and any other
necessary or desirable treatment in the community;

(b) Require the offender
to be confined to his residence during the time he is away from his employment
or treatment, or any other activity authorized by the department; and

(c) Require intensive
supervision of the offender, including unannounced visits to his residence or
other locations where he is expected to be in order to determine whether he is
complying with the terms and conditions of his confinement.

3. An electronic
device approved by the department may be used to supervise an offender if it is
minimally intrusive and limited in capability to recording or transmitting
information concerning the offenders presence at his residence, including, but
not limited to, the transmission of still visual images which do not concern
the offenders activities while inside his residence. A device which is capable
of recording or transmitting:

(a) Oral or wire
communication or any auditory sound; or

(b) Information
concerning the offenders activities while inside his residence,

must not be used.

Sec. 13. The chief parole and probation officer shall:

1. Furnish to an
offender a written statement of the terms and conditions of his residential
confinement;

2. Instruct the
offender regarding those terms and conditions; and

3. Advise the
director of the department of prisons of any violation of those terms and
conditions and of the escape of the offender.

Sec. 14. If an offender is absent, without authorization, from his
residence, employment, treatment or other activity authorized by the
department:

1. He shall be
deemed an escaped prisoner; and

2. The chief
parole and probation officer may issue a warrant for his arrest. A peace
officer shall execute the warrant in the same manner as ordinary criminal
process.

Sec. 15. 1. Before an offender may be returned to the
custody of the department of prisons because of his escape or violation of a
term or condition of his residential confinement, the department of parole and
probation must conduct an inquiry to determine whether the offender has
committed acts that would constitute such an escape or violation.

2. The inquiry
must be conducted before an inquiring officer who:

(a) Is not directly
involved in the case;

(b) Has not made the
report of the escape or violation; and

(c) Has not recommended
the return of the offender to the custody of the department of prisons.

3. The inquiring
officer shall:

(a) Provide the offender
with notice of the inquiry and of the acts alleged to constitute his escape or
violation of a term or condition of his residential confinement, and with an
opportunity to be heard on the matter.

(b) Upon completion of
the inquiry, submit to the chief parole and probation officer his findings and
recommendation regarding the return of the offender to the custody of the
department of prisons.

4. After
considering the findings and recommendation of the inquiring officer, the chief
parole and probation officer shall determine whether to return the offender to
the custody of the department of prisons. The decision of the chief parole and
probation officer is final.

5. Before
returning an offender to the custody of the department of prisons, the
department of parole and probation shall provide the offender with a copy of
the findings of the inquiring officer.

Sec. 16. Chapter 484 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. Before
sentencing an offender pursuant to NRS 484.3795 or paragraph (c) of subsection
1 of NRS 484.3792, the court shall require that the offender be evaluated to
determine whether he is an abuser of alcohol or drugs and whether he can be
treated successfully for his condition.

2. The evaluation
must be conducted by:

(a) A counselor certified
to make such an evaluation by the bureau of alcohol and drug abuse of the
rehabilitation division of the department of human resources; or

(b) A physician certified
to make such an evaluation by the board of medical examiners.

3. The counselor
or physician who conducts the evaluation shall immediately forward the results
of the evaluation to the director of the department of prisons.

Sec. 17. Section 8 of this
act becomes effective at 12:01 a.m. on October 1, 1991.

________

κ1991
Statutes of Nevada, Page 785κ

CHAPTER 298, AB 252

Assembly Bill No.
252Committee on Government Affairs

CHAPTER 298

AN ACT relating to meetings of public
bodies; requiring an agenda for such a meeting to include a period for comments
from the general public; allowing discussion of those comments; and providing
other matters properly relating thereto.

[Approved June 8, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 241.020 is
hereby amended to read as follows:

241.020 1. Except as
otherwise specifically provided by statute, all meetings of public bodies must
be open and public, and all persons must be permitted to attend any meeting of
these bodies. Public officers and employees responsible for these meetings
shall make reasonable efforts to assist and accommodate physically handicapped
persons desiring to attend.

2. Except in an emergency, written notice
of all meetings must be given at least 3 working days before the meeting. The
notice must include:

(a) The time, place and location of the meeting.

(b) A list of the locations where the notice has
been posted.

(c) An agenda consisting of:

(1) A clear and complete statement of the
topics scheduled to be considered during the meeting.

(2) A list and description of the items
to be voted on during the meeting which must be clearly denoted as items on
which action will be taken.

(3) A period
devoted to comments by the general public, if any, and discussion of those
comments. no action may be taken upon a matter raised under this item of the
agenda until the matter itself has been specifically included on an agenda as
an item upon which action will be taken pursuant to subparagraph (2).

3. Minimum public notice is:

(a) A copy of the notice posted at the principal
office of the public body, or if there is no principal office, at the building
in which the meeting is to be held, and at least three other separate,
prominent places within the jurisdiction of the public body; and

(b) Mailing a copy of the notice to any person
who has requested notice of the meetings of the body in the same manner in
which notice is required to be mailed to a member of the body. A request for
notice lapses 6 months after it is made. The public body shall inform the
requester of this fact by enclosure with or notation upon the first notice
sent.

4. As used in this section, emergency means
an unforeseen circumstance which requires immediate action and includes, but is
not limited to:

(a) Disasters caused by fire, flood, earthquake
or other natural causes; or

2. Other resident big game tags for
special seasons must not exceed $50. Other nonresident and alien big game tags
for special seasons must not exceed $1,000.

3. Tags determined to be necessary by the
commission for other species pursuant to NRS 502.130, must not exceed $100.

4. A fee not to exceed $5 may be charged
for processing an application for a tag other than an elk tag. A fee of $10
must be charged for processing an application for an elk tag, $5 of which must
be deposited with the state treasurer for credit to the wildlife account in the
state general fund and used for the prevention and mitigation of damage caused
by elk or game mammals not native to this state.

5. The commission may accept sealed bids
for or auction two bighorn sheep tags, one antelope tag ,
[and] one elk tag and two deer tags each year. The money received from
the bid or auction must be deposited with the state treasurer for credit to the
wildlife account in the state general fund.

Sec. 2. NRS 502.250 is
hereby amended to read as follows:

502.250 1. Except as
otherwise provided in subsection 5, the following fees must be charged for
tags:

2. Other resident big game tags for
special seasons must not exceed $50. Other nonresident and alien big game tags
for special seasons must not exceed $1,000.

3. Tags determined to be necessary by the
commission for other species under NRS 502.130, must not exceed $100.

4. A fee not to exceed $5 may be charged
for processing an application for a tag.

5. The commission may accept sealed bids
for or auction two bighorn sheep tags, one antelope tag ,
[and] one elk tag and two deer tags each year. The money received from
the bid or auction must be deposited with the state treasurer for credit to the
wildlife account in the state general fund.

Sec. 3. 1. This
section becomes effective on October 1, 1991.

2. Section 1 of this act becomes
effective at 12:01 a.m. on October 1, 1991, only if, on or before June 30,
1991, matching money from the wildlife account has been committed for
expenditure pursuant to subsection 2 of section 6 of chapter 841, Statutes of
Nevada 1989.

3. Section 2 of this act becomes
effective on October 1, 1991, unless, on or before June 30, 1991, matching
money from the wildlife account has been committed for expenditure pursuant to
subsection 2 of section 6 of chapter 841, Statutes of Nevada 1989.

________

CHAPTER 300, AB 759

Assembly Bill No.
759Committee on Commerce

CHAPTER 300

AN ACT relating to the board of medical
examiners; authorizing the board to adopt certain requirements for the
continuing education of physicians and physicians assistants; and providing
other matters properly relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 630.253 is
hereby amended to read as follows:

630.253 The board shall, as a
prerequisite for the:

1. Renewal of a certificate as a
physicians assistant; or

2. Biennial registration of the holder of
a license to practice medicine,

require each holder to comply with the requirements for
continuing education adopted by the board. These
requirements may provide for the completion of one or more courses of
instruction relating to risk management in the performance of medical services.

________

κ1991
Statutes of Nevada, Page 788κ

CHAPTER 301, AB 344

Assembly Bill No.
344Committee on Commerce

CHAPTER 301

AN ACT relating to used materials;
authorizing counties and cities to prohibit a person from advertising as a junk
or secondhand dealer without a license; making technical changes; and providing
other matters properly relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 647 of NRS is
hereby amended by adding thereto a new section to read as follows:

The board of county
commissioners of a county or the governing body of a city may, by ordinance,
prohibit any person from advertising within its respective jurisdiction as a
junk dealer or a secondhand dealer unless the person holds a valid license to
engage in such a business within the jurisdiction. The county or city may
require that the number of the persons business license be included in such
advertising.

Sec. 2. NRS 647.010 is
hereby amended to read as follows:

647.010 As used in [NRS 647.010 to 647.095, inclusive:]this chapter, unless the context otherwise requires:

1. Advertise
includes the use of any newspaper, magazine or other publication, letter, sign,
card or other printed matter, radio or television transmission or any other
method to bring to the attention of the public that a person is engaged in the
business of:

2. Junk
includes old iron, copper, brass, lead, zinc, tin, steel and other metals,
metallic cables, wires, ropes, cordage, bottles, bagging, rags, rubber, paper,
and all other secondhand, used or castoff articles or material of any kind.

[2.]3. Junk dealer means every person, firm
or corporation engaged in the business of purchasing or selling hides or junk.

4. Secondhand
dealer means any person engaged in whole or in part in the business of buying
and selling secondhand personal property, metal junk or melted metals.

Sec. 3. NRS 647.080 is
hereby amended to read as follows:

647.080 [NRS
647.010 to 647.095, inclusive, does]The
provisions of this chapter do not impair the powers of cities in this
state to license, tax and regulate any person, firm or corporation now engaged
in or hereafter engaged in the buying and selling of junk.

Sec. 4. NRS 647.090 is
hereby amended to read as follows:

647.090 Any junk dealer who [shall be found guilty of a violation of]violates any of the provisions of NRS [647.010 to 647.080,]647.020 to 647.070, inclusive, is guilty of a
misdemeanor.

Sec. 5. NRS 647.145 is
hereby amended to read as follows:

647.145 1. Any junk dealer or secondhand dealer , or any agent, employee or representative of a junk dealer or secondhand dealer , who buys or receives any junk
which he knows or should reasonably know is ordinarily used by and belongs to a
telephone, telegraph, gas, water, electric or transportation company or county,
city or other political subdivision of this state engaged in furnishing utility
service, and who fails to use ordinary care in determining whether the person
selling or delivering such junk has a legal right to do so, is guilty of
criminally receiving such property.

or receives any junk which he knows or should reasonably
know is ordinarily used by and belongs to a telephone, telegraph, gas, water,
electric or transportation company or county, city or other political
subdivision of this state engaged in furnishing utility service, and who fails
to use ordinary care in determining whether the person selling or delivering
such junk has a legal right to do so, is guilty of criminally receiving such
property.

(a) If he is a junk
dealer, or an agent, employee or representative of a junk dealer, by
imprisonment in the state prison for not less than 1 year nor more than 6 years
or in a county jail for not more than 1 year, or by a fine of not more than
$1,000, or by both fine and imprisonment; or

(b) If he is a secondhand
dealer, or an agent, employee or representative of a secondhand dealer, by
imprisonment in the state prison for not less than 1 year nor more than 5 years
or in a county jail for not more than 1 year, or by a fine of not more than
$250, or by both fine and imprisonment.

Sec. 6. NRS 207.080 is
hereby amended to read as follows:

207.080 1. For the purpose
of NRS 207.080 to 207.150, inclusive, a convicted person is:

(a) Any person convicted in the State of Nevada
of an offense punishable as a felony or convicted in any place other than the
State of Nevada of a felony or any other offense which is punishable by
imprisonment for 1 year or more.

(b) Any person convicted in the State of Nevada,
or elsewhere, of the violation of any law, whether or
not the violation is [or is not]
punishable as a felony:

(1) Relating to or regulating the
possession, distribution, furnishing or use of any habit-forming drug of the
kind or character described and referred to in the Uniform Controlled
Substances Act.

(2) Regulating or prohibiting the
carrying, possession or ownership of any concealed weapon, or deadly weapon, or
any weapon capable of being concealed, or regulating or prohibiting the
possession, sale or use of any device, instrument or attachment designed or
intended to be used to silence the report or conceal the discharge or flash of
any firearm.

(3) Regulating or prohibiting the use,
possession, manufacture or compounding of tear gas, or any other gas, which may
be used to disable temporarily or permanently any human being.

(c) Any person convicted of a crime in the State
of Nevada [, under]pursuant to the provisions of [one
or more of] NRS 122.220, 201.120 to 201.170, inclusive, 201.249,
201.251, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040,
202.055, 202.200 to 202.230, inclusive, 212.170, 212.180, 433.564, 451.010 to
451.040, inclusive, 452.300, 462.010 to 462.080, inclusive, 465.070 to 465.085,
inclusive, 646.010 to 646.060, inclusive, [647.095,
647.100, 647.110, 647.120, 647.130, 647.140 and 647.145,]or 647.110 to 647.145, inclusive, or convicted [,] in any place other than the State of
Nevada [,] of an offense which, if
committed in this state, would have been punishable under one or more of those
sections.

(d) Any person convicted in the State of Nevada
or elsewhere of any attempt or conspiracy to commit any offense described or
referred to in NRS 207.080 to 207.150, inclusive.

AN ACT relating to medical professionals;
revising the provisions regarding the authority of registered nurses to
prescribe or dispense controlled substances, poisons, dangerous drugs and
devices; making various changes regarding the filling of prescriptions and sale
of hypodermic devices; and providing other matters properly relating thereto.

2. [Has
completed a program designed to prepare a registered nurse to provide
designated acts of medical diagnosis or prescription of therapeutic or
corrective measures; and

3.] Is authorized
by the board to provide [those] services
in addition to those that other registered nurses are authorized to provide.

Sec. 2. NRS 632.237 is
hereby amended to read as follows:

632.237 1. The board may
grant a certificate of recognition as an advanced practitioner of nursing to a
registered nurse who has completed an educational program designed to prepare a
registered nurse to [perform]:

pursuant to a protocol approved by a collaborating
physician. A protocol must not include and an advanced practitioner of nursing
shall not engage in any diagnosis, treatment or other conduct which the
advanced practitioner of nursing is not qualified to perform.

[2.]3. The board shall adopt regulations:

(a) Specifying the training, education and
experience necessary for certification as an advanced practitioner of nursing.

(b) Delineating the authorized scope of practice
of an advanced practitioner of nursing.

(c) Establishing the procedure for application
for certification as an advanced practitioner of nursing.

Sec. 3. Chapter 639 of NRS is
hereby amended by adding thereto a new section to read as follows:

Advanced practitioner of
nursing means a registered nurse who holds a valid certificate of recognition
as an advanced practitioner of nursing issued by the state board of nursing.

Sec. 4. NRS 639.001 is
hereby amended to read as follows:

639.001 As used in this chapter, the
words and terms defined in NRS 639.002 to 639.016, inclusive, [and] section 1 of [this act,]chapter
197, Statutes of Nevada 1991, and section 3 of this act, have the
meanings ascribed to them in those sections unless a different meaning clearly
appears in the context.

Sec. 5. NRS 639.0125 is
hereby amended to read as follows:

639.0125 Practitioner means:

1. A physician, dentist, veterinarian or
podiatrist who holds a valid license to practice his profession in this state;

2. A hospital, pharmacy or other
institution licensed, registered or otherwise permitted to distribute,
dispense, conduct research with respect to or administer drugs in the course of
professional practice or research in this state; or

3. [A
registered nurse]An advanced practitioner
of nursing who has been authorized to prescribe poisons, dangerous drugs
and devices.

(a) Is authorized to do so by the state board of
nursing in a certificate issued by that board; and

(b) Applies for and obtains a certificate of
registration from the state board of pharmacy and pays the fee set by a
regulation adopted by the board. The board may set a single fee for the
collective certification of [the nurses]advanced practitioners of nursing in the employ
of a public or nonprofit agency and a different fee for the individual
certification of other [nurses.]advanced practitioners of nursing.

2. The state board of pharmacy shall
consider each application from [a registered
nurse]an advanced practitioner of nursing
separately, and may:

(a) Issue a certificate of registration
limiting:

(1) The authority of the [registered nurse]advanced practitioner of nursing to dispense controlled
substances, poisons, dangerous drugs and devices;

(2) The area in which the [registered nurse]advanced practitioner of nursing may dispense;

(3) The kind and amount of controlled
substances, poisons, dangerous drugs and devices which the certificate permits
the [registered nurse]advanced practitioner of nursing to dispense; and

(4) The practice of the [registered nurse]advanced practitioner of nursing which involves
controlled substances, poisons, dangerous drugs and devices in any manner which
the board finds necessary to protect the health, safety and welfare of the
public;

(b) Issue a certificate of registration without
any limitation not contained in the certificate issued by the state board of
nursing; or

(c) Refuse to issue a certificate of
registration, regardless of the provisions of the certificate issued by the
state board of nursing.

3. If a certificate of registration
issued pursuant to this section is suspended or revoked, the board may also
suspend or revoke the registration of the physician for and with whom the [registered nurse]advanced practitioner of nursing is in practice to
dispense controlled substances.

4. The board shall adopt regulations
setting forth the maximum amounts of any controlled substance, poison,
dangerous drug and devices which [a registered
nurse]an advanced practitioner of nursing
who holds a certificate from the board may dispense, the conditions
under which they must be stored, transported and safeguarded, and the records
which each such nurse shall keep. In adopting its regulations, the board shall
consider:

(a) The areas in which [a
nurse]an advanced practitioner of nursing
who holds a certificate from the board can be expected to practice and
the populations of those areas;

(b) The experience and training of the nurse;

(c) Distances between areas of practice and the
nearest hospitals and physicians;

(d) Effects on the health, safety and welfare of
the public; and

(e) Other factors which the board considers
important to the regulation of the practice of [nurses]advanced practitioners of nursing who hold
certificates from the board.

Sec. 7. NRS 639.2351 is
hereby amended to read as follows:

639.2351 1. [A registered nurse]An advanced practitioner of nursing may prescribe, [under protocol and only by written prescription,]in accordance with NRS 454.695, poisons,
dangerous drugs and devices if he:

(a) Is authorized to do so by the state board of
nursing in a certificate issued by that board; and

(b) Applies for and obtains a certificate of
registration from the state board of pharmacy and pays the fee set by a
regulation adopted by the board. The board may set a single fee for the
collective certification of [the nurses]advanced practitioners of nursing in the employ
of a public or nonprofit agency and a different fee for the individual
certification of other [nurses.]advanced practitioners of nursing.

2. The state board of pharmacy shall
consider each application from [a registered
nurse]an advanced practitioner of nursing
separately, and may:

(a) Issue a certificate of registration; or

(b) Refuse to issue a certificate of
registration, regardless of the provisions of the certificate issued by the
state board of nursing.

[3. As used
in this section, protocol has the meaning ascribed to it in NRS 454.695.]

639.2589 1. The form for any
prescription which is issued or intended to be filled in this state must
contain a line for the signature of the prescriber, the printed words dispense
only as written and a box near that statement for the purpose of indicating
that a substitution may not be made.

2. Substitutions may be made in filling
prescriptions contained in [physicians]the orders of a physician,
or of an advanced practitioner of nursing who is a practitioner, in a
facility for skilled nursing or facility for intermediate care. Each page of
the document which contains the [physicians]
order must be printed with the words: The biological equivalent of drugs
ordered may be dispensed unless initialed by the prescriber here and a box
must be provided near that statement for the purpose of indicating that a
substitution may not be made.

3. Substitutions may be made in filling
prescriptions ordered on a patients chart in a hospital if the hospitals
medical staff has approved a formulary for specific generic substitutions.

Sec. 9. NRS 639.2805 is
hereby amended to read as follows:

639.2805 1. A pharmacist or
practitioner is not subject to any penalty for filling a prescription for a
substance licensed for manufacture in this state if the prescription is issued
to a patient by his [physician.]practitioner.

2. If a substance licensed for
manufacture in this state has not been approved as a drug by the Food and Drug
Administration, the label or other device affixed to its container must so
state and the label must further state that the State of Nevada has not
approved the substance.

Sec. 10. Chapter 453 of NRS is
hereby amended by adding thereto a new section to read as follows:

Advanced practitioner of
nursing means a registered nurse who holds a valid certificate of recognition
as an advanced practitioner of nursing issued by the state board of nursing.

Sec. 11. NRS 453.016 is
hereby amended to read as follows:

453.016 As used in [NRS 453.011 to 453.730, inclusive,]this chapter, the words and terms in NRS 453.021 to
453.141, inclusive, [and] section
45 of [this act,]Assembly Bill No. 422 of this session, and section 10 of this
act, have the meanings ascribed to them in those sections except in
instances where the context clearly indicates a different meaning.

Sec. 12. NRS 453.126 is
hereby amended to read as follows:

453.126 Practitioner means:

1. A physician, dentist, veterinarian or
podiatrist who holds a valid license to practice his profession in this state
and is registered pursuant to this chapter.

2. [A
registered nurse]An advanced practitioner
of nursing who holds a certificate from the state board of nursing and a
certificate from the state board of pharmacy permitting him to [possess, administer or] dispense
controlled substances.

3. A pharmacy, hospital or other
institution licensed or registered to distribute, dispense, conduct research
with respect to or to administer a controlled substance in the course of
professional practice in this state.

4. A euthanasia technician who is
licensed by the Nevada state board of veterinary medical examiners and registered
pursuant to this chapter, when he possesses or
administers sodium pentobarbital pursuant to his license and registration.

he possesses or administers sodium pentobarbital pursuant to
his license and registration.

Sec. 13. NRS 453.377 is
hereby amended to read as follows:

453.377 A controlled substance may be
dispensed by:

1. A registered pharmacist upon a legal
prescription from a practitioner or to a pharmacy in a correctional institution
upon the written order of the prescribing practitioner in charge.

2. A pharmacy in a correctional
institution, in case of emergency, upon a written order signed by the chief
medical officer.

3. A practitioner or a physicians
assistant if authorized by the board.

4. A registered nurse, when the state,
county, city or district health officer has declared a state of emergency.

5. A medical intern in the course of his
internship.

6. [A
registered nurse]An advanced practitioner
of nursing who holds a certificate from the state board of nursing and a
certificate from the state board of pharmacy permitting him to dispense
controlled substances.

7. A pharmacy in an institution of the
department of prisons to a person designated by the director of the department
of prisons to administer a lethal injection to a person who has been sentenced
to death.

8. A registered pharmacist from an
institutional pharmacy, pursuant to regulations adopted by the board.

Sec. 14. Chapter 454 of NRS is
hereby amended by adding thereto a new section to read as follows:

Advanced practitioner of
nursing means a registered nurse who holds a valid certificate of recognition
as an advanced practitioner of nursing issued by the state board of nursing.

Sec. 15. NRS 454.001 is
hereby amended to read as follows:

454.001 As used in this chapter, the
words and terms defined in NRS 454.002 to 454.0098, inclusive, and section 14 of this act, have the meanings ascribed
to them in those sections, unless a different meaning clearly appears in the
context.

Sec. 16. NRS 454.00958 is
hereby amended to read as follows:

454.00958 Practitioner means:

1. A physician, dentist, veterinarian or
podiatrist who holds a valid license to practice his profession in this state.

2. A pharmacy, hospital or other institution
licensed or registered to distribute, dispense, conduct research with respect
to or to administer a dangerous drug in the course of professional practice in
this state.

3. When relating to the prescription of
poisons, dangerous drugs and devices [, a:

(a) Registered nurse]:

(a) An advanced
practitioner of nursing who holds a certificate from the state board of
nursing and a certificate from the state board of pharmacy permitting him so to
prescribe; or

(b) [Physicians]A physicians assistant who holds a license from
the state board of medical examiners and a certificate from the state board of
pharmacy permitting him so to prescribe.

1. A registered pharmacist upon the legal
prescription from a practitioner or to a pharmacy in a correctional institution
upon the written order of the prescribing practitioner in charge;

2. A pharmacy in a correctional
institution, in case of emergency, upon a written order signed by the chief
medical officer;

3. A practitioner, or a physicians
assistant if authorized by the board;

4. A registered nurse, when the nurse is
engaged in the performance of any public health program approved by the board;

5. A medical intern in the course of his
internship;

6. [A
registered nurse]An advanced practitioner
of nursing who holds a certificate from the state board of nursing and a
certificate from the state board of pharmacy permitting him to dispense
dangerous drugs;

7. A registered nurse employed at an
institution of the department of prisons to an offender in that institution; or

8. A registered pharmacist from an
institutional pharmacy pursuant to regulations adopted by the board,

except that no person may dispense a dangerous drug in
violation of a regulation adopted by the board.

Sec. 18. NRS 454.221 is
hereby amended to read as follows:

454.221 1. Any person who
furnishes any dangerous drug except upon the prescription of a practitioner
shall be punished by imprisonment in the state prison for not less than 1 year
nor more than 6 years, or by a fine of not more than $5,000, or by both fine
and imprisonment, unless the dangerous drug was obtained originally by a legal
prescription.

2. The provisions of this section do not
apply to the furnishing of any dangerous drug by:

(a) A practitioner to his own patients;

(b) A physicians assistant if authorized by the
board;

(c) A registered nurse while participating in a
public health program approved by the board, or [a
registered nurse]an advanced practitioner
of nursing who holds a certificate from the state board of nursing and a
certificate from the state board of pharmacy permitting him to [possess and administer or] dispense
dangerous drugs;

(d) A manufacturer or wholesaler or pharmacy to
each other or to a practitioner or to a laboratory under records of sales and
purchases that correctly give the date, the names and addresses of the supplier
and the buyer, the drug and its quantity;

(e) A hospital pharmacy or a pharmacy so
designated by a district health officer to the holder of a permit issued pursuant
to the provisions of NRS 450B.200 or 450B.210 to stock ambulances or other
authorized vehicles or replenish the stock; or

(f) A pharmacy in a correctional institution to
a person designated by the director of the department of prisons to administer
a lethal injection to a person who has been sentenced to death.

Sec. 19. NRS 454.316 is
hereby amended to read as follows:

454.316 1. Except as
otherwise provided in this section, every person who possesses any drug defined
in NRS 454.201, except that furnished to him by a pharmacist pursuant to a
legal prescription or a practitioner, is guilty of a gross
misdemeanor.

gross misdemeanor. If the person has been twice previously
convicted of any offense:

(a) Described in this section; or

(b) Under any other law of the United States or
this or any other state or district which if committed in this state would have
been punishable as an offense under this section,

he shall be punished by imprisonment in the state prison for
not less than 1 year nor more than 10 years.

2. No prescription is required for
possession of those drugs by pharmacists, practitioners, physicians assistants
if authorized by the board, hospitals, intermediate emergency medical technicians,
advanced emergency medical technicians, public health nurses, [registered nurses]advanced practitioners of nursing who hold certificates
from the state board of nursing and certificates from the state board of
pharmacy permitting them to [possess, administer
and] dispense dangerous drugs, registered nurses responsible for
patients in air and ground ambulances, any other person or class of persons
approved by the board pursuant to regulation, jobbers, wholesalers,
manufacturers or laboratories authorized by laws of this state to handle,
possess and deal in those drugs when they are in stock containers properly
labeled and have been procured from a manufacturer, wholesaler or pharmacy, or
by a rancher who possesses such dangerous drugs in a reasonable amount for use
solely in the treatment of livestock on his own premises.

3. No prescription is required for an
optometrist certified under NRS 636.382 to possess drugs which he is authorized
to use under chapter 636 of NRS.

Sec. 20. NRS 454.480 is
hereby amended to read as follows:

454.480 1. Hypodermic
devices may be sold by pharmacists on the prescription of a physician, dentist
or veterinarian [.], or of an advanced practitioner of nursing who is a
practitioner. Those prescriptions must be filed as required by NRS
639.236, and may be refilled as authorized by the prescriber. Records of
refilling must be maintained as required by NRS 454.236 to 454. 276, inclusive.

2. Except as otherwise provided in
subsection 3, pharmacists and others holding hypodermic permits, unless the
permit limits otherwise, may sell hypodermic devices without prescription for
the following purposes:

(a) For use in the treatment of persons having
asthma or diabetes.

(b) For use in injecting medications prescribed
by a practitioner for the treatment of human beings.

(c) For use in an ambulance or by a firefighting
agency for which a permit is held pursuant to NRS 450B.200 or 450B.210.

(d) For the injection of drugs in animals or
poultry.

(e) For commercial or industrial use or use by
jewelers or other merchants having need for those devices in the conduct of
their business, or by hobbyists when the seller is satisfied that the device
will be used for legitimate purposes.

(f) For use by funeral directors and embalmers,
licensed medical technicians or technologists, or research laboratories.

3. Only pharmacists may sell without
prescription any hypodermic device intended for human use, as set forth in
paragraphs (a), (b) and (c) of subsection 2.

Sec. 21. NRS 454.490 is
hereby amended to read as follows:

454.490 1. All sales of
hypodermic devices sold without prescription must at the time of sale be
recorded by the person making the sale. The record must show the date, the name
and address of the purchaser, the size, type and quantity of devices sold, the
name or initials of the person making the sale and the purpose for which the
device is to be used. It is the responsibility of the seller to ascertain, to
his satisfaction, that the device is to be legitimately used for the purpose
stated by the purchaser. The record must be retained for 5 years from the date
of the last entry thereon and must be open to inspection by authorized officers
of the law acting in their official capacity.

2. The recording of sales required by
this section does not apply to the sale of hypodermic devices by manufacturers,
wholesalers, pharmacies or persons holding retail hypodermic permits, not
otherwise limited, when such sales are made to other manufacturers, wholesalers
or pharmacies, or to practitioners, hospitals, registered nurses or other
holders of permits.

3. The provisions of subsections 1 and 2
do not apply to a physician, dentist or veterinarian ,
or to an advanced practitioner of nursing who is a practitioner, when
furnishing a hypodermic device to a patient for use in the treatment of the
patient.

(a) The certificates he holds from the board and
the state board of nursing; and

(b) The protocol which is approved by the state
board of nursing.

2. For the purposes of this section,
protocol means the written agreement between a physician and [a registered nurse]an advanced practitioner of nursing which sets forth
matters including the:

(a) Patients which the [registered
nurse]advanced practitioner of nursing may
serve;

(b) Specific poisons, dangerous drugs and
devices which the [registered nurse]advanced practitioner of nursing may prescribe;
and

(c) Conditions under which the [registered nurse shall]advanced practitioner of nursing must directly refer
the patient to the physician.

Sec. 23. 1. A
certificate issued by the state board of pharmacy pursuant to NRS 639.1375 or
639.2351 to a registered nurse who is not an advanced practitioner of nursing
expires on October 1, 1991.

2. As used in this section, advanced
practitioner of nursing means a registered nurse who holds a valid certificate
of recognition as an advanced practitioner of nursing issued by the state board
of nursing.

Sec. 24. Section 4 of this
act becomes effective at 12:01 a.m. on October 1, 1991.

________

κ1991
Statutes of Nevada, Page 798κ

CHAPTER 303, AB 554

Assembly Bill No.
554Committee on Judiciary

CHAPTER 303

AN ACT relating to gaming; changing the
designation of junket representative to independent agent; allowing an
independent agent to provide certain services and property without first
procuring a state gaming license; and providing other matters properly relating
thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 463 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 and 3
of this act.

Sec. 2. Credit instrument means a writing which evidences a gaming
debt owed to a person who holds a nonrestricted license at the time the debt is
created, and includes any writing taken in consolidation, redemption or payment
of a previous credit instrument.

Sec. 3. 1. Independent agent means any person who:

(a) Approves or grants
the extension of gaming credit on behalf of a state gaming licensee or collects
a debt evidenced by a credit instrument; or

(b) Contracts with a
state gaming licensee or its affiliate to provide services outside of Nevada
consisting of arranging transportation or lodging for guests at a licensed
gaming establishment.

2. The term does
not include:

(a) A state gaming
licensee;

(b) A bonded collection
agency licensed by the local government authorities in the jurisdiction where
the agency has its principal place of business;

(c) A licensed attorney;

(d) A supplier of
transportation;

(e) A travel agency which
receives compensation solely on the price of the transportation or lodging
arranged for by the agency;

(f) An employee of a
state gaming licensee or its affiliate; or

(g) A person who does not
receive cash for his services.

Sec. 4. NRS 463.013 is
hereby amended to read as follows:

463.013 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 463.0134 to
463.0197, inclusive, and sections 2 and 3 of this act, have
the meanings ascribed to them in those sections.

Sec. 5. NRS 463.162 is
hereby amended to read as follows:

463.162 1. Except as otherwise
provided in subsections 2 and 3, it is unlawful for any person to:

(a) Lend, let, lease or otherwise deliver or
furnish any equipment of any gambling game, including any slot machine, for any
interest, percentage or share of the money or property played, under guise of
any agreement whatever, without having first procured a state gaming license.

(b) Lend, let, lease or otherwise deliver or
furnish, except by a bona fide sale or capital ease, any slot machine under
guise of any agreement whereby any consideration is paid or is payable for the
right to possess or use that slot machine, whether the consideration is
measured by a percentage of the revenue derived from the
machine or by a fixed fee or otherwise, without having first procured a state
gaming license for the slot machine.

revenue derived from the machine or by a fixed fee or
otherwise, without having first procured a state gaming license for the slot
machine.

(c) Furnish services or property, real or
personal, on the basis of a contract, lease or license, pursuant to which that
person receives payments based on earnings or profits [or
otherwise] from any gambling game, including any slot machine,
without having first procured a state gaming license.

2. The provisions of subsection 1 do not
apply to any person:

(a) Whose payments are a fixed sum determined in
advance on a bona fide basis for the furnishing of services or property other
than a slot machine.

(b) Who furnishes services or property under a
bona fide rental agreement or security agreement for gaming equipment.

(c) That is a wholly owned subsidiary of:

(1) A corporation or limited partnership
holding a state gaming license; or

(2) A holding company or intermediary
company, or publicly traded corporation, that has registered pursuant to NRS
463.585 or 463.635 and which has fully complied with the laws applicable to it.

(d) Who is licensed as a distributor and who
rents or leases any equipment of any gambling game including any slot machine,
under a bona fide agreement where the payments are a fixed sum determined in
advance and not determined as a percentage of the revenue derived from the
equipment or slot machine.

(e) Who is found suitable
by the commission to act as an independent agent.

Receipts or rentals or charges for real property, personal
property or services do not lose their character as payments of a fixed sum or
as bona fide because of provisions in a contract, lease or license for
adjustments in charges, rentals or fees on account of changes in taxes or
assessments, escalations in the cost-of-living index, expansions or improvement
of facilities, or changes in services supplied. Receipts of rentals or charges
based on percentage between a corporate licensee or a licensee who is a limited
partnership and the entities enumerated in paragraph (c) are permitted under
this subsection.

3. The commission may, upon the issuance
of its approval or a finding of suitability, exempt a holding company from the
licensing requirements of subsection 1.

4. The board may require any person
exempted by the provisions of subsection 2 or paragraph (b) of subsection 1 to
provide such information as it may require to perform its investigative duties.

5. The board and the commission may
require a finding of suitability or the licensing of any person who:

(a) Owns any interest in the premises of a licensed
establishment or owns any interest in real property used by a licensed
establishment whether he leases the property directly to the licensee or
through an intermediary.

(b) Repairs, rebuilds or modifies any gaming
device.

(c) Manufactures or distributes chips or gaming
tokens for use in Nevada.

6. If the commission finds a person
described in subsection 5 unsuitable, a licensee shall not enter into any
contract or agreement with that person without the prior approval of the
commission. Any other agreement between the licensee and that person must be
terminated upon receipt of notice of the action by the
commission.

action by the commission. Any agreement between a licensee
and a person described in subsection 5 shall be deemed to include a provision
for its termination without liability on the part of the licensee upon a
finding by the commission that the person is unsuitable. Failure expressly to
include that condition in the agreement is not a defense in any action brought
pursuant to this section to terminate the agreement. If the application is not
presented to the board within 30 days after demand, the commission may pursue
any remedy or combination of remedies provided in this chapter.

Sec. 6. NRS 463.167 is
hereby amended to read as follows:

463.167 1. The commission
may determine the suitability, or may require the licensing, of any person who
furnishes services or property to a state gaming licensee under any arrangement
pursuant to which the person receives payments based on earnings, profits or
receipts from gaming. The commission may require any such person to comply with
the requirements of this chapter and with the regulations of the commission. If
the commission determines that any such person is unsuitable, it may require
the arrangement to be terminated.

2. If the premises of a licensed gaming
establishment are directly or indirectly owned or under the control of the
licensee therein, or of any person controlling, controlled by, or under common
control with the licensee, the commission may, upon recommendation of the
board, require the application of any person for a determination of suitability
to be associated with a gaming enterprise if the person:

(a) Does business on the premises of the
licensed gaming establishment;

(b) [Does business
with the licensed gaming establishment as a junket representative or ticket
purveyor;]Is an independent agent or does
business with a licensed gaming establishment as a ticket purveyor, a tour
operator, the operator of a bus program, or as the operator of any other type
of casino travel program or promotion; or

(c) Provides any goods or services to the
licensed gaming establishment for a compensation which the board finds to be
grossly disproportionate to the value of the goods or services.

3. If the commission determines that the
person is unsuitable to be associated with a gaming enterprise, the association
must be terminated. Any agreement which entitles a business other than gaming
to be conducted on the premises, or entitles a person other than gaming to
conduct business with the licensed gaming establishment as set forth in
paragraph (b) or (c) of subsection 2, is subject to termination upon a finding
of unsuitability of the person associated therewith. Every such agreement must
be deemed to include a provision for its termination without liability on the
part of the licensee upon a finding by the commission that the person
associated therewith is unsuitable to be associated with a gaming enterprise.
Failure expressly to include that condition in the agreement is not a defense
in any action brought pursuant to this section to terminate the agreement. If
the application is not presented to the board within 30 days following demand
or the unsuitable association is not terminated, the commission may pursue any
remedy or combination of remedies provided in this chapter.

AN ACT relating to crimes; revising the
definition of statutory sexual seduction; and providing other matters properly
relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 200.364 is
hereby amended to read as follows:

200.364 As used in this section and NRS 200.366 and 200.368, unless the
context otherwise requires:

1. Perpetrator means a person who
commits a sexual assault.

2. Sexual penetration means cunnilingus,
fellatio, or any intrusion, however slight, of any part of a persons body or
any object manipulated or inserted by a person into the genital or anal
openings of the body of another, including sexual intercourse in its ordinary
meaning.

3. Statutory sexual seduction means [ordinary]:

(a) Ordinary sexual
intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18
years of age or older with a [consenting]
person under the age of 16 years [.]; or

(b) Any other sexual
penetration committed by a person 18 years of age or older with a person under
the age of 16 years with the intent of arousing, appealing to, or gratifying
the lust or passions or sexual desires of either of the persons.

4. Victim means a person who is subjected
to a sexual assault.

Sec. 2. This act becomes
effective upon passage and approval.

________

CHAPTER 305, AB 613

Assembly Bill No.
613Committee on Health and Welfare

CHAPTER 305

AN ACT relating to reviewing the provision
of health care; requiring registration with the commissioner of insurance of
persons who provide utilization review; providing a penalty; and providing
other matters properly relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 683A of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 6,
inclusive, of this act.

1. Agent who
performs utilization review includes any person who performs such review
except a person acting on behalf of the Federal Government, but only to the
extent that the person provides the service for the Federal Government or an
agency thereof.

2. Insured means
a natural person who has contracted for or participates in coverage under a
policy of insurance, a contract with a health maintenance organization, a plan
for hospital, medical or dental services or any other program providing
payment, reimbursement or indemnification for the costs of health care for
himself, his dependents, or both.

3. Utilization
review means a system that provides, at a minimum, for review of the necessity
and appropriateness of the allocation of health care resources and services
provided or proposed to be provided to an insured. The term does not include
responding to requests made by an insured for clarification of his coverage.

(a) Registered with the
commissioner as an agent who performs utilization review and has a medical
director who is a physician or, in the case of an agent who reviews dental
services, a dentist, licensed in any state; or

(b) Employed by a
registered agent who performs utilization review.

2. A person may
apply for registration by filing with the commissioner a $250 fee and the
following information on a form provided by the commissioner:

(a) The applicants name,
address, telephone number and normal business hours;

(b) The name and
telephone number of a person the commissioner may contact for information
concerning the applicant;

(c) The name of the
medical director of the applicant and the state in which he is licensed to
practice medicine or dentistry; and

(d) A summary of the plan
for utilization review, including procedures for appealing determinations made
through utilization review.

3. An agent who
performs utilization review shall file with the commissioner any material
changes in the information provided pursuant to subsection 1 within 30 days
after the change occurs.

4. The
commissioner shall not evaluate the plan submitted pursuant to paragraph (d) of
subsection 2. The commissioner shall make the plan available upon request and
shall charge a reasonable fee for providing a copy of the plan.

5. Registration
pursuant to this section must be renewed on or before March 1 of each year by
providing the information specified in subsection 2 and paying a renewal fee of
$250.

Sec. 5. The provisions of sections 2 to 6, inclusive, of this act do
not apply to:

2. A fraternal
benefit society that is certified pursuant to chapter 695A of NRS;

3. A nonprofit
corporation for hospital, medical or dental services that is certified pursuant
to chapter 695B of NRS;

4. A health
maintenance organization that is certified pursuant to chapter 695C of NRS; or

5. An organization
for dental care that is certified pursuant to chapter 695D of NRS,

which performs its own utilization
review. This section does not limit the applicability of sections 2 to 6,
inclusive, of this act to affiliates and subsidiaries of such entities or to
contracts between such entities and independent agents who perform utilization
review.

Sec. 6. A person who violates any provision of sections 2 to 5,
inclusive, of this act shall be punished by a fine of not more than $1,000.

________

CHAPTER 306, AB 629

Assembly Bill No.
629Committee on Labor and Management

CHAPTER 306

AN ACT relating to industrial insurance;
allowing a nonprofit corporation to reject industrial insurance coverage for
its officers who do not receive pay; and providing other matters properly
relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 616.279 is
hereby amended to read as follows:

616.279 1. If a quasi-public
or private corporation is required to be insured under this chapter, an officer
of the corporation who:

(a) Receives pay for service performed shall be
deemed for the purposes of this chapter to receive a minimum pay of $6,000 and
a maximum pay of $24,000 per annum.

(b) Does not receive pay for services performed
shall be deemed for the purposes of this chapter to receive a minimum pay of
$500 per month or $6,000 per annum.

2. An officer who does not receive pay
for services performed may elect to reject coverage by filing written notice
thereof with the corporation and the system. The rejection is effective upon
receipt of the notice by the system.

3. An officer who has rejected coverage
may rescind that rejection by filing written notice thereof with the
corporation and the system. The rescission is effective upon receipt of the
notice by the system.

4. A nonprofit
corporation whose officers do not receive pay for services performed may elect
to reject coverage for their current officers and all future officers who do
not receive pay by filing written notice thereof with the corporation and the
system. The rejection is effective upon receipt of the notice by the system.

5. A nonprofit
corporation which has rejected coverage for its officers who do not receive pay
may rescind that rejection by filing written notice thereof with the
corporation and the system. The rescission is effective upon receipt of the
notice by the system.

________

CHAPTER 307, AB 630

Assembly Bill No.
630Committee on Labor and Management

CHAPTER 307

AN ACT relating to industrial insurance;
revising provisions regarding the payment of death benefits to nonresident
alien dependents; increasing the allowed amount of payments to nonresident
alien dependents; making technical changes; and providing other matters
properly relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 616.555 is
hereby amended to read as follows:

616.555 [Payments]

1. The insurer
shall notify a dependent of a deceased employee who is residing outside of the
United States by certified mail at his last known address if compensation is
due the decedent or beneficiary pursuant to this chapter. The dependent may
request that payment be made directly to him within 90 calendar days after the
notice was mailed. The insurer shall pay compensation which is due a
beneficiary directly to the beneficiary if the beneficiary requests payment
within 90 calendar days after the notice was mailed.

2. If the insurer
does not receive a request that payment be made directly to a beneficiary
within 90 days after the notice required by subsection 1 is mailed, payments to
the consul general, vice consul general, consul or vice consul of the nation of
which any dependent of a deceased employee is a resident or subject, or a
representative of such consul general, vice consul general, consul or vice
consul, of any compensation due under this chapter to any dependent residing
outside of the United States, any power of attorney to receive or receipt for
the same to the contrary notwithstanding, [shall
be]are as full a discharge of the
benefits or compensation payable under this chapter as if payments were made
directly to the beneficiary.

Sec. 2. NRS 616.615 is
hereby amended to read as follows:

616.615 If an injury by accident arising
out of and in the course of employment causes the death of an employee in the
employ of an employer, within the provisions of this chapter, the compensation
is known as a death benefit, and is payable [in
the amount to and for the benefit of the following:

1. Burial
expenses.]as follows:

1. In
addition to [the]any other compensation payable [under]pursuant to this chapter, burial expenses are payable in an amount not to exceed $5,000. When the
remains of the deceased employee and the person accompanying the remains are to
be transported to a mortuary or mortuaries, the charge of transportation must be borne by the insurer if the
transportation is not beyond the continental limits of the United States.

transportation must be borne by the insurer if the
transportation is not beyond the continental limits of the United States.

2. [Widow.]
To the [widow,]surviving spouse of the deceased employee, 66 2/3 percent
of the average monthly wage [. This compensation
must be paid until her]is payable until
his death or remarriage, with 2 years compensation payable in one lump sum
upon remarriage.

3. [Widower.
To the widower, 66 2/3 percent of the average monthly wage. This compensation
must be paid until his death or remarriage, with 2 years compensation in one
sum upon remarriage.

4. Children who
survive a widow or widower.

(a) In case]In the event of the subsequent death of the
surviving spouse [any]:

(a) Each surviving
child [or children] of the deceased
employee must share equally the compensation theretofore paid to the surviving
spouse but not in excess thereof, and it is payable until the youngest reaches
the age of 18 years.

(b) If the children have a guardian, the
compensation on account of them may be paid to the guardian.

[(c) Except as
provided in subparagraphs (1) and (2), the entitlement of any child to receive
his proportionate share of compensation under this section ceases when he dies,
marries or reaches the age of 18 years. A child is entitled to compensation
under this section if he is:

(1) Over 18 years
and incapable of self-support, until such time as he becomes capable of
self-support; or

(2) Over 18 years
and enrolled as a full-time student in an accredited vocational or educational
institution, until he reaches the age of 22 years.

(d)]4. Upon the remarriage of a [widow or widower]surviving spouse with children [,
the widow or widower]:

(a) The surviving spouse must
be paid 2 years compensation in one lump sum and further benefits must cease [. Following the remarriage by the widow or widower
with children, each]; and

(b) Each child
must be paid 15 percent of the average monthly wage, up to a maximum family
benefit of 66 2/3 percent of the average monthly wage.

5. [Surviving
children but no surviving spouse. If there is a surviving child or]If there are any surviving children of the
deceased employee under the age of 18 years, but no surviving spouse, then each
such child is entitled to his proportionate share
of 66 2/3 percent of the average monthly wage for his support . [until he reaches the
age of 18 years or, if enrolled full time in an accredited vocational or
education institution, until he reaches the age of 22 years.

6. Dependent
parents, brothers and sisters. If]

6. Except as
otherwise provided in subsection 7, if there is no surviving spouse or
child under the age of 18 years, there must be paid:

(a) To a parent, if wholly dependent for support
upon the deceased employee at the time of injury causing his death, 33 1/3
percent of the average monthly wage.

(b) To both parents, if wholly dependent for
support upon the deceased employee at the time of injury causing his death, 66
2/3 percent of the average monthly wage.

(c) To each brother or sister until he or she
reaches the age of 18 years, if wholly dependent for support upon the deceased
employee at the time of injury causing his death, his proportionate share of 66
2/3 percent of the average monthly wage.

[(d)]7. The aggregate compensation payable
pursuant to [paragraphs (a), (b) and (c) may in
no case]subsection 6 must not exceed
66 2/3 percent of the average monthly wage.

[7. Questions
of total or partial dependency.

(a)]8. In all other cases [,]involving a
question of total or partial dependency :

(a) The extent of the
dependency must be determined in accordance with the facts [as the facts may be]existing at the time of the injury.

(b) If the deceased employee leaves dependents
only partially dependent upon his earnings for support at the time of the
injury causing his death, the monthly compensation to be paid must be equal to
the same proportion of the monthly payments for the benefit of persons totally
dependent as the amount contributed by the deceased employee to the partial
dependents bears to the average monthly wage of the deceased employee at the time
of the injury resulting in his death.

(c) The duration of compensation to partial
dependents must be fixed in accordance with the facts shown, but may not exceed
compensation for 100 months.

[8. Apportionment
of death benefit between dependents.]

9. Compensation
payable to [the
widow or widower must be]a surviving
spouse is for the use and benefit of the [widow
or widower, and of]surviving spouse and the
dependent children, and the insurer may, from time to time, apportion such
compensation between them in such a way as it deems best for the interest of
all dependents.

[9. Nonresident
alien dependents. If a dependent to whom a death benefit is to be paid is an alien
not residing in the United States, the compensation must be only 50 percent of
the amount or amounts specified in this section.

10. Funeral
expenses of dependent dying before expiration of award. In case]

10. In the event of
the death of any dependent specified in this section before the expiration of
the time [named in the award,]during which compensation is payable to him, funeral
expenses are payable in an amount not to exceed
$5,000 . [must be
paid.]

11. Except as
otherwise provided in paragraphs (a) and (b), the entitlement of any child to
receive his proportionate share of compensation pursuant to this section ceases
when he dies, marries or reaches the age of 18 years. A child is entitled to
continue to receive compensation pursuant to this section if he is:

(a) Over 18 years of age
and incapable of self-support, until such time as he becomes capable of
self-support; or

(b) Over 18 years of age
and enrolled as a full-time student in an accredited vocational or education
institution, until he reaches the age of 22 years.

________

κ1991
Statutes of Nevada, Page 807κ

CHAPTER 308, AB 680

Assembly Bill No. 680Committee
on Commerce

CHAPTER 308

AN ACT relating to the commissioner of
insurance; expanding his authority to regulate the conduct of insurers and
ensure that the insurance business is conducted in a suitable manner; providing
a penalty; and providing other matters properly relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 679B of NRS is
hereby amended by adding thereto a new section to read as follows:

The commissioner may observe
the conduct of each authorized insurer and other persons who have a direct
material involvement with the insurance business to ensure that:

1. An unqualified,
disqualified or unsuitable person is not involved in insurance; and

2. The insurance
business is not conducted in an unsuitable manner.

The commissioner shall, by
regulation, define the terms unsuitable person and unsuitable manner for
use in carrying out the provisions of this section and NRS 679B.310 and
680A.200.

Sec. 2. NRS 679B.310 is
hereby amended to read as follows:

679B.310 1. The commissioner
may hold a hearing, without request by others, to
determine whether an insurer or an employee of an insurer has engaged in
unsuitable conduct and for any other purpose
within the scope of this code.

2. The commissioner shall hold a hearing:

(a) If required by any other provision of this
code; or

(b) Upon written application for a hearing by a
person aggrieved by any act, threatened act, or failure of the commissioner to
act, or by any report, rule, regulation or order of the commissioner (other
than an order for the holding of a hearing, or order on a hearing, or pursuant
to such order of which hearing [such]the person had notice). Any such application must
be filed in the division within 60 days after [such]the person knew or reasonably should have known,
of [such]the
act, threatened act, failure, report, rule, regulation or order, unless
a different period is provided for by other laws applicable to the particular
matter, in which case [such]the other law [shall
govern.]governs.

3. Any such application for a hearing [shall]must briefly
state the respects in which the applicant is so aggrieved, together with the
grounds to be relied upon as a basis for the relief to be sought at the
hearing.

4. If the commissioner finds that the
application is made in good faith, that the applicant would be so aggrieved if
his grounds are established and that [such]the grounds otherwise justify the hearing, he
shall hold the hearing within 30 days after the filing
of the application, unless postponed by mutual consent. Failure to hold the
hearing upon application therefor of a person entitled thereto as provided in
this section [shall constitute]constitutes a denial of the relief sought, and shall be
deemed the equivalent of a final order of the commissioner on hearing for the purpose of an appeal
under NRS 679B.370.

of the commissioner on hearing for the purpose of an appeal
under NRS 679B.370.

5. Pending the hearing and decision
thereon, the commissioner may suspend or postpone the effective date of his
previous action.

6. This section does not apply to
hearings relative to matters arising under chapter 686B of NRS (rates and
rating organizations).

Sec. 3. NRS 680A.200 is
hereby amended to read as follows:

680A.200 1. The commissioner
may refuse to continue or may suspend, limit or revoke an insurers certificate
of authority if he finds after a hearing thereon, or upon waiver of hearing by
the insurer, that the insurer has:

(a) Violated or failed to comply with any lawful
order of the commissioner;

(b) Conducted his
business in an unsuitable manner;

(c) Willfully
violated or willfully failed to comply with any lawful regulation of the
commissioner; or

[(c)](d) Violated any provision of this code other
than one for violation of which suspension or revocation is mandatory.

In lieu of such a suspension or revocation, the commissioner
may levy upon the insurer, and the insurer shall pay forthwith, an
administrative fine of not more than $2,000.

2. The commissioner shall suspend or
revoke an insurers certificate of authority on any of the following grounds if
he finds after a hearing thereon that the insurer:

(a) Is in unsound condition, is being
fraudulently conducted, or is in such a condition or is using such methods and
practices in the conduct of its business as to render its further transaction
of insurance in this state currently or prospectively hazardous or injurious to
policyholders or to the public.

(b) With such frequency as to indicate its
general business practice in this state:

(1) Has without just cause failed to pay,
or delayed payment of, claims arising under its policies, whether the claims
are in favor of an insured or in favor of a third person with respect to the
liability of an insured to the third person; or

(2) Without just cause compels insureds
or claimants to accept less than the amount due them or to employ attorneys or
to bring suit against the insurer or such an insured to secure full payment or
settlement of such claims.

(c) Refuses to be examined, or its directors,
officers, employees or representatives refuse to submit to examination relative
to its affairs, or to produce its books, papers, records, contracts,
correspondence or other documents for examination by the commissioner when
required, or refuse to perform any legal obligation relative to the
examination.

(d) Except as otherwise provided
in NRS 681A.110, has reinsured all its risks in their entirety in another
insurer.

(e) Has failed to pay any final judgment
rendered against it in this state upon any policy, bond, recognizance or
undertaking as issued or guaranteed by it, within 30 days after the judgment
became final or within 30 days after dismissal of an appeal before final
determination, whichever date is the later.

3. The commissioner may, without advance
notice or a hearing thereon, immediately suspend the certificate of authority
of any insurer as to which proceedings for receivership, conservatorship,
rehabilitation or other delinquency proceedings have been commenced in any
state by the public officer who supervises insurance for that state.

________

CHAPTER 309, AB 737

Assembly Bill No.
737Committee on Judiciary

CHAPTER 309

AN ACT relating to statutes; defining
certain terms and drafting conventions for the purposes of the Nevada Revised
Statutes; and providing other matters properly relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. The preliminary
chapter of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except as
otherwise expressly provided in a particular statute or required by the
context:

(a) May confers a
right, privilege or power. The term is entitled confers a private right.

Sec. 2. This act becomes
effective upon passage and approval and applies to existing language contained
in the Nevada Revised Statutes as well as language adopted after the effective
date of this act.

________

CHAPTER 310, AB 754

Assembly Bill No.
754Committee on Labor and Management

CHAPTER 310

AN ACT relating to industrial insurance;
clarifying that unrealized investment gains and losses must not be considered
by the state industrial insurance system in determining whether to declare and
distribute dividends to employers; and providing other matters properly
relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 616.383 is
hereby amended to read as follows:

616.383 1. The manager
shall, in order to provide an incentive for employers to control industrial
injuries and occupational disease, declare and distribute dividends based on
experience when the balance in the state insurance fund ,
excluding unrealized investment gains or losses, exceeds by $1,000,000
or more the amount necessary to pay obligations and administrative expenses, to
carry reasonable reserves and to provide for contingencies. The manager may
declare and distribute a dividend to an employer only once in any fiscal year.

2. The dividends distributed pursuant to
this section must be computed in a manner which relates the amount of the
dividend to the experience of the employer in the control of industrial
injuries and occupational disease.

3. The manager shall adopt regulations
for the distribution of dividends pursuant to this section. The regulations may
provide that:

(a) The employers period of experience be 1, 2
or 3 fiscal years.

(b) An employer who paid earned premiums during
his period of experience may participate in any distribution of dividends.

(c) The employers own experience be used in any
reasonable manner to determine his own dividend.

(d) When the balance in the state insurance fund
, excluding unrealized investment gains or losses, exceeds
by $1,000,000 or more the amount necessary for obligations, expenses, reserves
and contingencies, a public hearing be held to determine the aggregate amount
of dividends to be distributed.

AN ACT relating to judgments; exempting
certain arrangements for retirement from execution to satisfy a judgment and
from execution to obtain security for satisfaction of a judgment; and providing
other matters properly relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 21.075 is
hereby amended to read as follows:

21.075 1. Execution on the
writ of execution by levying on the property of the judgment debtor may occur
only if the sheriff serves the judgment debtor with a notice of the writ of
execution pursuant to NRS 21.076 and a copy of the writ. The notice must
describe the types of property exempt from execution and explain the procedure
for claiming those exemptions in the manner required in subsection 2. The clerk
of the court shall attach the notice to the writ of execution at the time the
writ is issued.

2. The notice required pursuant to
subsection 1 must be substantially in the following form:

NOTICE OF EXECUTION
YOUR PROPERTY IS

BEING ATTACHED OR
YOUR WAGES

ARE BEING GARNISHED

A court has determined that
you owe money to ....................(name of person), the judgment creditor. He
has begun the procedure to collect that money by garnishing your wages, bank
account and other personal property held by third persons or by taking money or
other property in your possession.

Certain benefits and
property owned by you may be exempt from execution and may not be taken from
you. The following is a partial list of exemptions:

1. Payments
received under the Social Security Act.

2. Payments for
benefits or the return of contributions under the public employees retirement
system.

3. Payments for
public assistance granted through the welfare division of the department of
human resources.

4. Proceeds
from a policy of life insurance.

5. Payments of
benefits under a program of industrial insurance.

6. Payments
received as unemployment compensation.

7. Veterans
benefits.

8. A homestead
in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is
for a medical bill, in which case all of the primary dwelling, including a
mobile or manufactured home, may be exempt.

10. Seventy-five
percent of the take home pay for any pay period, unless the weekly take home
pay is less than 30 times the federal minimum wage, in which case the entire
amount may be exempt.

11. Money,
not to exceed $100,000 in present value, held for retirement pursuant to
certain arrangements or plans meeting the requirements for qualified
arrangements or plans of sections 401 et seq. of the Internal Revenue code (26
U.S.C. §§ 401 et seq.).

These exemptions may not apply in
certain cases such as a proceeding to enforce a judgment for support of a
person or a judgment of foreclosure on a mechanics lien. You should consult an
attorney immediately to assist you in determining whether your property or
money is exempt from execution. If you cannot afford an attorney, you may be
eligible for assistance through ....................(name of organization in
county providing legal services to indigent or elderly persons).

PROCEDURE
FOR CLAIMING EXEMPT PROPERTY

If you believe that the
money or property taken from you is exempt, you must complete and file with the
clerk of the court a notarized affidavit claiming the exemption. A copy of the
affidavit must be served upon the sheriff and the judgment creditor within 8
days after the notice of execution is mailed. The property must be returned to
you within 5 days after you file the affidavit unless you or the judgment
creditor files a motion for a hearing to determine the issue of exemption. If
this happens, a hearing will be held to determine whether the property or money
is exempt. The motion for the hearing to determine the issue of exemption must
be filed within 10 days after the affidavit claiming exemption is filed. The
hearing to determine whether the property or money is exempt must be held
within 10 days after the motion for the hearing is filed.

IF YOU DO NOT FILE THE
AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY
GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

Sec. 2. NRS 21.090 is hereby
amended to read as follows:

21.090 1. The following
property is exempt from execution, except as otherwise specifically provided in
this section:

(a) Private libraries not to exceed $1,500 in
value, and all family pictures and keepsakes.

(b) Necessary household goods, as defined in 16
C.F.R. § 444.1(i) as that section existed on January 1, 1987, and yard
equipment, not to exceed $3,000 in value, belonging to the judgment debtor to
be selected by him.

(c) Farm trucks, farm stock, farm tools, farm
equipment, supplies and seed not to exceed $4,500 in value, belonging to the
judgment debtor to be selected by him.

(d) Professional libraries, office equipment,
office supplies and the tools, instruments and materials used to carry on the
trade of the judgment debtor for the support of himself and his family not to
exceed $4,500 in value.

(e) The cabin or dwelling of a miner or
prospector, his cars, implements and appliances necessary for carrying on any
mining operations and his mining claim actually worked by him, not exceeding
$4,500 in total value.

(f) One vehicle if the judgment debtors equity
does not exceed $1,000 or the creditor is paid an amount equal to any excess
above that equity.

(g) For any pay period, 75 percent of the
disposable earnings of a judgment debtor during that period, or for each week
of the period 30 times the minimum hourly wage prescribed by section 6(a)(1) of
the federal Fair Labor Standards Act of 1938 and in effect at the time the
earnings are payable, whichever is greater. Except as otherwise provided in
paragraph (n), the exemption provided in this paragraph does not apply in the
case of any order of a court of competent jurisdiction for the support of any
person, any order of a court of bankruptcy or of any debt due for any state or
federal tax. As used in this paragraph, disposable earnings means that part
of the earnings of a judgment debtor remaining after the deduction from those
earnings of any amounts required by law, to be withheld.

(h) All fire engines, hooks and ladders, with
the carts, trucks and carriages, hose, buckets, implements and apparatus
thereunto appertaining, and all furniture and uniforms of any fire company or
department organized under the laws of this state.

(i) All arms, uniforms and accouterments required
by law to be kept by any person, and also one gun, to be selected by the
debtor.

(j) All courthouses, jails, public offices and
buildings, lots, grounds and personal property, the fixtures, furniture, books,
papers and appurtenances belonging and pertaining to the courthouse, jail and
public offices belonging to any county of this state, all cemeteries, public
squares, parks and places, public buildings, town halls, markets, buildings for
the use of fire departments and military organizations, and the lots and
grounds thereto belonging and appertaining, owned or held by any town or
incorporated city, or dedicated by the town or city to health, ornament or
public use, or for the use of any fire or military company organized under the
laws of this state and all lots, buildings and other school property owned by a
school district and devoted to public school purposes.

(k) All money, benefits, privileges or
immunities accruing or in any manner growing out of any life insurance, if the
annual premium paid does not exceed $1,000. If the premium exceeds that amount,
a like exemption exists which bears the same proportion to the money, benefits,
privileges and immunities so accruing or growing out of the insurance that the
$1,000 bears to the whole annual premium paid.

(l) The homestead as provided for by law.

(m) The dwelling of the judgment debtor occupied
as a home for himself and family, where the amount of equity held by the
judgment debtor in the home does not exceed $95,000 in value and the dwelling
is situate upon lands not owned by him.

(n) All property in this state of the judgment
debtor where the judgment is in favor of any state for failure to pay that
states income tax on benefits received from a pension or other retirement
plan.

(o) Money, not to exceed
$100,000 in present value, held in:

(1) An individual
retirement arrangement which conforms with the applicable limitations and
requirements of 26 U.S.C. § 408;

(2) A written
simplified employee pension plan which conforms with the applicable limitations
and requirements of 26 U.S.C. § 408;

(3) A cash or
deferred arrangement which is a qualified plan pursuant to the Internal Revenue
Code; and

(4) A trust
forming part of a stock bonus, pension or profit-sharing plan which is a
qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code
(26 U.S.C. §§ 401 et seq.).

2. No article or species of property
mentioned in this section is exempt from execution issued upon a judgment to
recover for its price, or upon a judgment of foreclosure of a mortgage or other
lien thereon.

3. Any exemptions specified in subsection
(d) of section 522 of the Bankruptcy Act of 1978 (92 Stat. 2586) do not apply
to property owned by a resident of this state unless conferred also by
subsection 1, as limited by subsection 2, of this section.

Sec. 3. NRS 31.045 is hereby
amended to read as follows:

31.045 1. Execution on the
writ of attachment by attaching property of the defendant may occur only if:

(a) The judgment creditor serves the defendant
with notice of the execution when the notice of the hearing is served pursuant
to NRS 31.013; or

(b) Pursuant to an ex parte hearing, the sheriff
serves upon the judgment debtor notice of the execution and a copy of the writ
at the same time and in the same manner as set forth in NRS 21.076.

If the attachment occurs pursuant to an ex parte hearing,
the clerk of the court shall attach the notice to the writ of attachment at the
time the writ is issued.

2. The notice required pursuant to
subsection 1 must be substantially in the following form:

NOTICE OF EXECUTION
YOUR PROPERTY IS

BEING ATTACHED OR
YOUR WAGES

ARE BEING GARNISHED

Plaintiff,
.................... (name of person,) alleges that you owe him money. He has
begun the procedure to collect that money. To secure satisfaction of judgment
the court has ordered the garnishment of your wages, bank account or other
personal property held by third persons or the taking of money or other
property in your possession.

Certain benefits and
property owned by you may be exempt from execution and may not be taken from
you. The following is a partial list of exemptions:

1. Payments
received under the Social Security Act.

2. Payments for
benefits or the return of contributions under the public employees retirement
system.

3. Payments for
public assistance granted through the welfare division of the department of
human resources.

4. Proceeds
from a policy of life insurance.

5. Payments of
benefits under a program of industrial insurance.

6. Payments
received as unemployment compensation.

7. Veterans
benefits.

8. A homestead
in a dwelling or a mobile home, not to exceed $95,000, unless the judgment is
for a medical bill, in which case all of the primary dwelling, including mobile
or manufactured home, may be exempt.

9. A vehicle,
if your equity in the vehicle is less than $1,000.

10. Seventy-five
percent of the take home pay for any pay period, unless the weekly take home
pay is less than 30 times the federal minimum wage, in which case the entire
amount may be exempt.

11. Money,
not to exceed $100,000 in present value, held for retirement pursuant to
certain arrangements or plans meeting the requirements for qualified
arrangements or plans of sections 401 et seq. of the Internal Revenue Code (26
U.S.C. §§ 401 et seq.).

These exemptions may not apply in
certain cases such as proceedings to enforce a judgment for support of a child
or a judgment of foreclosure on a mechanics lien. You should consult an
attorney immediately to assist you in determining whether your property or
money is exempt from execution. If you cannot afford an attorney, you may be
eligible for assistance through .................... (name of organization in
county providing legal services to the indigent or elderly persons).

PROCEDURE FOR
CLAIMING EXEMPT PROPERTY

If you believe that the
money or property taken from you is exempt or necessary for the support of you
or your family, you must file with the clerk of the court on a form provided by
the clerk a notarized affidavit claiming the exemption. A copy of the affidavit
must be served upon the sheriff and the judgment creditor within 8 days after
the notice of execution is mailed. The property must be returned to you within
5 days after you file the affidavit unless the judgment creditor files a motion
for a hearing to determine the issue of exemption. If this happens, a hearing
will be held to determine whether the property or money is exempt. The hearing
must be held within 10 days after the motion for a hearing is filed.

IF YOU DO NOT FILE THE
AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY
GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

If you received this notice
with a notice of a hearing for attachment and you believe that the money or
property which would be taken from you by a writ of attachment is exempt or
necessary for the support of you or your family, you are entitled to describe
to the court at the hearing why you believe your property
is exempt.

hearing why you believe your
property is exempt. You may also file a motion with the court for a discharge
of the writ of attachment. You may make that motion any time before trial. A
hearing will be held on that motion.

IF YOU DO NOT FILE THE
MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE
PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT
OF YOU OR YOUR FAMILY.

AN ACT relating to crimes; prohibiting the
manufacture, purchase, possession, sale, transportation and advertisement for
sale of a hoax bomb; providing a penalty; and providing other matters properly
relating thereto.

[Approved June 10, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 202 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. Any person who
manufactures, purchases, possesses, sells, advertises for sale or transports a
hoax bomb and knows or should have known that it is to be used to make a
reasonable person believe that it is an explosive or incendiary device is
guilty of a gross misdemeanor.

2. The provisions
of subsection 1 do not prohibit:

(a) The purchase,
possession, sale, advertising for sale, transportation or use of a military
artifact, if the military artifact is harmless or inert, unless the military
artifact is used to make a reasonable person believe that the military artifact
is an explosive or incendiary device.

(b) The authorized manufacture,
purchase, possession, sale, transportation or use of any material, substance or
device by a member of the Armed Forces of the United States, a fire department
or a law enforcement agency if the person is acting lawfully while in the line
of duty.

(c) The manufacture,
purchase, possession, sale, transportation or use of any material, substance or
device that is permitted by a specific statute.

3. As used in this
section:

(a) Explosive or
incendiary device has the meaning ascribed to it in NRS 202.260.

(1) An inoperative
facsimile or imitation of an explosive or incendiary device; or

(2) A device or
object that appears to be or to contain an explosive or incendiary device.

________

CHAPTER 313, SB 460

Senate Bill No.
460Senator Getto

CHAPTER 313

AN ACT relating to education personnel;
authorizing a teacher credit for experience in another school district in the
state in determining the salary of the teacher; and providing other matters
properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 391.160 is
hereby amended to read as follows:

391.160 1. The
salaries of teachers and other employees [shall]must be determined by the character of the
service required. A school district shall not discriminate between male and
female employees in the matter of salary.

2. In determining
the salary of a teacher, a school district shall give the same credit for
previous service in another school district in this state as is given for the
same kind of service in the school district for which the salary is being
determined.

Sec. 2. This act becomes
effective on July 1, 1991.

________

CHAPTER 314, SB 533

Senate Bill No.
533Committee on Judiciary

CHAPTER 314

AN ACT relating to gaming; revising
various provisions relating to the collection of a gaming debt from a patron
incurred by a credit instrument accepted by an establishment holding a
nonrestricted state gaming license; prohibiting the claim of a mental disorder
involving gambling to invalidate a credit instrument; exempting nonrestricted licensees
from certain provisions governing installment loans; and providing other
matters properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 463.368 is
hereby amended to read as follows:

463.368 1. A credit
instrument accepted on or after June 1, 1983, [is]and the debt that the credit instrument represents are valid
and may be enforced by legal process.

2. A licensee or a person acting on [the licensees] behalf of a licensee may accept an incomplete credit
instrument which:

(a) Is signed by a patron; and

(b) States the amount of the debt in figures,

and may complete the instrument as is necessary for the
instrument to be presented for payment.

3. A licensee or person acting on behalf
of a licensee:

(a) May accept a credit instrument that is dated
later than the date of its execution if that later date is furnished at the
time of the execution of the credit instrument by the patron.

(b) May not accept a credit instrument which is
incomplete and cannot lawfully be completed to comply with the requirements of
NRS 104.3104.

(c) May accept a credit instrument that is
payable to an affiliated company or may complete a credit instrument in the
name of an affiliated company as payee if the credit instrument otherwise
complies with this subsection and the records of the affiliated company
pertaining to the credit instrument are made available to agents of the board
upon request.

(d) May accept a credit
instrument either before, at the time, or after the patron incurs the debt. The
credit instrument and the debt that the credit instrument represents are
enforceable without regard to whether the credit instrument was accepted
before, at the time or after the debt is incurred.

4. This section does not prohibit the
establishment of an account by a deposit of cash, recognized travelers check,
or any other instrument which is equivalent to cash.

5. If a credit
instrument is lost or destroyed, the debt represented by the credit instrument
may be enforced if the licensee or person if acting on behalf of the licensee
can prove the existence of the credit instrument.

6. A patrons
claim of having a mental or behavioral disorder involving gambling:

(a) Is not a defense in
any action by a licensee or a person acting on behalf of a licensee to enforce a
credit instrument or the debt that the credit instrument represents.

(b) Is not a valid
counterclaim to such an action.

7. Any
person who violates the provisions of this section is subject only to the
penalties provided in NRS 463.310 to 463.318, inclusive.

[6.]The failure of a person to comply with the provisions of this
section or the regulations of the commission does not invalidate a credit
instrument or affect the ability to enforce the credit instrument or the debt
that the credit instrument represents.

8. The
commission may adopt regulations prescribing the conditions under which a
credit instrument may be redeemed or presented to a bank for collection or
payment.

Sec. 2. NRS 675.040 is
hereby amended to read as follows:

675.040 This chapter does not apply to:

1. A person doing business under the
authority of any law of this state or of the United States relating to banks,
savings banks, trust companies, savings and loan associations, credit unions,
development corporations, mortgage companies, thrift companies, pawnbrokers or
insurance companies.

3. An employee benefit plan as defined in
29 U.S.C. § 1002(3) if the loan is made directly from money in the plan by the
plans trustee.

4. An attorney at law rendering services
in the performance of his duties as attorney at law if the loan is secured by
real property.

5. A real estate broker rendering
services in the performance of his duties as a real estate broker if the loan
is secured by real property.

6. Except as otherwise provided in this
subsection, any firm or corporation:

(a) Whose principal purpose or activity is
lending money on real property which is secured by a mortgage;

(b) Approved by the Federal National Mortgage
Association as a seller or servicer; and

(c) Approved by the Department of Housing and
Urban Development and the Veterans Administration.

7. A person who provides money for
investment in loans secured by a lien on real property, on his own account.

8. A seller of real property who offers
credit secured by a mortgage of the property sold.

9. A person
holding a nonrestricted state gaming license issued pursuant to the provisions
of chapter 463 of NRS.

Sec. 3. This act becomes
effective upon passage and approval.

________

CHAPTER 315, SB 583

Senate Bill No.
583Senator Nevin (by request)

CHAPTER 315

AN ACT relating to county fair and
recreation boards; revising the method of appointment and the number of members
of the boards in certain counties; providing that members of boards in certain
counties are entitled to the per diem and travel expenses provided state
officers and employees generally; increasing the compensation of members of
boards in those counties; and providing other matters properly relating
thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 244A.601 is
hereby amended to read as follows:

244A.601 1. In any county
whose population is 100,000 or more, and less than 400,000, the county fair and
recreation board consists of [11]12 members who are appointed as follows:

(a) Two members by the board of county
commissioners.

(b) Two members by the governing body of the
largest incorporated city in the county.

(c) One member by the governing body of the next
largest incorporated city in the county.

(d) Except as otherwise provided
in subsection 2, [six]seven members by the members appointed pursuant to
paragraphs (a), (b) and (c). [, from a list of at
least one nominee for each position submitted by the chamber of commerce of the largest incorporated city in the county.

commerce of the largest incorporated
city in the county. If the members entitled to vote find the nominees on the
list unacceptable, they must request a new list of at least one nominee for
each position.] The members entitled to vote shall select:

(1) One member who is a representative of
[airlines.]air
service interests from a list of nominees submitted by the Airport Authority of
Washoe County. The nominees must not be elected officers.

(2) One member who is a representative of
motel operators [.]from a list of nominees submitted by one or more associations
that represent the motel industry.

(3) One member who is a representative of
banking or other financial interests [.]from a list of nominees submitted by the chamber of
commerce of the largest incorporated city in the county.

(4) One member who is a representative of
other business or commercial interests [.

(5) Two]from a list of nominees submitted by the chamber of
commerce of the largest incorporated city in the county.

(5) Three members
of the association of gaming establishments whose membership collectively paid
the most gross revenue fees to the state pursuant to NRS 463.370 in the county
in the preceding year. If there is no such association, the [two]three appointed
members must be representative of gaming.

If the members entitled to vote find
the nominees on a list unacceptable, they shall request a new list of nominees.

2. The terms of members appointed
pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with
their terms of office. The members appointed pursuant to paragraph (d) of
subsection 1 must be appointed for 2-year terms. Any vacancy occurring on the
board must be filled by the authority entitled to appoint the member whose
position is vacant. Each member appointed pursuant to paragraph (d) of
subsection 1 may succeed himself only once.

3. If a member ceases to be engaged in
the business or occupation which he was appointed to represent, he ceases to be
a member, and another person engaged in that business or occupation must be
appointed for the unexpired term.

4. Any member appointed by the board of
county commissioners or a governing body of a city must be a member of the
appointing board or body.

Sec. 2. NRS 244A.609 is
hereby amended to read as follows:

244A.609 1. Whenever any
county fair and recreation board has been organized or reorganized, each member
thereof shall file with the county clerk:

(a) His oath of office.

(b) A corporate surety bond furnished at county
expense, in an amount not to exceed $1,000, and conditioned for the faithful
performance of his duties as a member of the board.

2. Except as otherwise
provided in subsection 3, no member may receive any compensation as an
employee of the board or otherwise, and no member of the board may be
interested in any contract or transaction with the board or the county except
in his official representative capacity.

3. Each member of a board created and
existing in a county [having a population of]whose population is 100,000 or more is entitled
to receive [$100]:

(a) Four hundred eighty
dollars per month or [$25]$80 for each meeting of the board or a committee of the
board attended, whichever amount is less.

(b) While engaged in the
business of the board, the per diem allowance and travel expenses provided for
state officers and employees generally.

Sec. 3. 1. The
members of the county fair and recreation board appointed pursuant to
paragraphs (a), (b) and (c) of subsection 1 of NRS 244A.601 shall, as soon as
practicable, appoint to the county fair and recreation board the additional
member of the association of gaming establishments who is qualified for appointment
pursuant to subparagraph (5) of paragraph (d) of subsection 1 of NRS 244A.601
as amended by section 1 of this act, to an initial term equal in length to the
remaining term of any member currently holding office pursuant to the
provisions of subparagraph (5) of paragraph (d) of subsection 1 of NRS
244A.601.

2. The members of the county fair and
recreation board appointed pursuant to paragraphs (a), (b) and (c) of
subsection 1 of NRS 244A.601 shall appoint to the county fair and recreation
board members who are qualified pursuant to subparagraphs (1) to (4),
inclusive, of paragraph (d) of subsection 1 of NRS 244A.601 as amended by
section 1 of this act, upon the expiration of the terms of office of the
members currently holding office pursuant to the provisions of subparagraphs
(1) to (4), inclusive, respectively, of paragraph (d) of subsection 1 of NRS
244A.601.

________

CHAPTER 316, SB 446

Senate Bill No.
446Committee on Finance

CHAPTER 316

AN ACT relating to fiduciaries; making
various changes concerning the powers and responsibilities of certain
fiduciaries; and providing other matters properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 165.135 is
hereby amended to read as follows:

165.135 The trustee of each
nontestamentary trust shall, not less often than annually, furnish to each
beneficiary who is currently entitled to receive income
pursuant to the terms of the trust and to any surety on the bond of the trustee
of the trust an account showing:

1. The period which the account covers;

2. In a separate schedule [, additions]:

(a) Additions to
trust principal during the accounting period with the dates and sources of
acquisition; [investments]

(b) Investments collected,
sold [,] or charged off during the
accounting period; [investments]

(c) Investments made
during the accounting period, with the date, source [,]
and cost of each; [deductions]

(d) Deductions from
principal during the accounting period, with the date and purpose of each; and [the]

(e) The trust
principal, invested or uninvested, on hand at the end of the accounting period,
reflecting the approximate market value thereof;

3. In a separate schedule [, the trust]:

(a) Trust income
on hand at the beginning of the accounting period, and in what form held; [trust]

(b) Trust income
received during the accounting period, when, and from what source; [trust]

(c) Trust income
paid out during the accounting period, when, to whom, and for what purpose; [trust]and

(d) Trust income
on hand at the end of the accounting period, and how invested;

4. A statement of any unpaid claims with
the reason for failure to pay them; and

5. A brief summary of the account.

Sec. 2. Chapter 662 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. A bank which is
acting as a fiduciary or agent may, in its discretion or at the direction of
another person who is authorized to direct the investment of money held by the
bank as a fiduciary or agent, invest in the securities of a management
investment trust or management investment company if:

(a) The investment trust
or investment company is registered pursuant to the Investment Company Act of
1940 as amended (15 U.S.C. §§ 80a-1 et seq.;) and

(b) The portfolio of the
investment trust or investment company consists substantially of investments
which are not prohibited by the instrument creating the fiduciary or agency
relationship.

2. A bank or an
affiliate of the bank may provide services to the investment trust or
investment company, including, without limitation, acting as an investment
adviser, custodian, transfer agent, registrar, sponsor, distributor or manager
and may receive reasonable compensation for the services. The manner in which
the compensation is calculated must be disclosed to the person who is currently
receiving the benefits of the fiduciary or agency relationship with the bank.
The disclosure may be made by a prospectus, a statement of account or
otherwise.

3. A bank may
deposit money held by the bank as a fiduciary or agent with an affiliate before
investing or making other disposition of the money.

Sec. 3. Chapter 669 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. A trust company
which is acting as a fiduciary or agent may, in its discretion or at the
direction of another person who is authorized to direct the investment of money
held by the trust company as a fiduciary or agent, invest in the securities of
a management investment trust or management investment company if:

(a) The investment trust
or investment company is registered pursuant to the Investment Company Act of
1940 as amended (15 U.S.C. §§ 80a-1 et seq.); and

(b) The portfolio of the
investment trust or investment company consists substantially of investments
which are not prohibited by the instrument creating the fiduciary or agency
relationship.

2. A trust company
or an affiliate of the trust company may provide services to the investment
trust or investment company, including, without limitation, acting as an
investment adviser, custodian, transfer agent, registrar, sponsor, distributor
or manager and may receive reasonable compensation for the services. The manner
in which the compensation is calculated must be disclosed to the person who is
currently receiving the benefits of the fiduciary or agency relationship with
the trust company. The disclosure may be made by a prospectus, a statement of
account or otherwise.

3. A trust company
may deposit money held by the trust company as a fiduciary or agent with an
affiliate before investing or making other disposition of the money.

________

CHAPTER 317, SB 150

Senate Bill No.
150Committee on Finance

CHAPTER 317

AN ACT relating to unemployment
compensation; providing that certain persons who perform services in the employ
of a private employer while incarcerated in a custodial or penal institution
are ineligible for benefits for a certain period; and providing other matters
properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 612 of NRS is
hereby amended by adding thereto a new section to read as follows:

A person who:

1. During his last
or next to last employment, performed services in the employ of a private
employer while incarcerated in a custodial or penal institution; and

2. Is discharged
from or leaves such employment because of his transfer or release from the
institution,

is ineligible for benefits for the
week in which he was discharged from or left such employment until he earns
remuneration in covered employment equal to or exceeding his weekly benefit
amount in each of 10 weeks.

Sec. 2. NRS 612.115 is
hereby amended to read as follows:

612.115 1. Employment
includes service performed in the employ of this state, or of any political subdivision
thereof, or of any instrumentality of this state or its political subdivisions
which is owned by this state or one or more of its political subdivisions alone
or in conjunction with one or more other states or political subdivisions
thereof, which is excluded from the definition of
employment by the provisions of 26 U.S.C.

definition of employment by the provisions of 26 U.S.C. §
3306(c)(7), except service:

(a) As an elected official;

(b) As a member of the legislative body, or a
member of the judiciary, of the state or a political subdivision;

(c) As a member of the Nevada National Guard or
Nevada Air National Guard;

(d) In employment serving on a temporary basis
in case of fire, storm, snow, earthquake, flood or similar emergency; [or]

(e) In a position which, [under
or] pursuant to state law, is designated as a major nontenured
policymaking or advisory position, or a policymaking or advisory position the
performance of the duties of which ordinarily does not require more than 8
hours per week [.]; or

(f) By an inmate of a
custodial or penal institution.

2. Every department of this state, and every
political subdivision thereof, and each of the instrumentalities of this state
and its political subdivisions, shall become an employer as provided in this
chapter.

3. Employment does not include service
performed:

(a) In a facility conducted for the purpose of
carrying out a program of rehabilitation for persons whose earning capacity is
impaired by age or physical or mental deficiency or injury, or providing
remunerative work for persons who, because of their impaired physical or mental
capacity, cannot be readily absorbed in the competitive labor market by a
person receiving such rehabilitation or remunerative work; or

(b) As part of an unemployment work-relief or
work-training program assisted or financed in whole or in part by any federal
agency or an agency of a state or political subdivision thereof, by a person
receiving such work relief or work training . [; or

(c) By an inmate of a
custodial or penal institution.]

________

CHAPTER 318, SB 349

Senate Bill No.
349Committee on Judiciary

CHAPTER 318

AN ACT relating to records of criminal
history; expanding the system of collecting and processing statistics of crime;
requiring the director of the department of motor vehicles and public safety to
establish an advisory committee concerning the collection of certain
information; and providing other matters properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 179A of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The director of
the department shall establish within the central repository, a uniform program
for reporting crimes which is designed to collect statistical data relating to
crime or delinquency of children and to facilitate the collection and analysis of statistical data relating to
crime at a central location.

the collection and analysis of
statistical data relating to crime at a central location.

2. To assist in
establishing and carrying out the program required by subsection 1, the
director shall establish an advisory committee consisting of seven members
selected by the director. The committee must be composed of:

(a) One member who
represents an association of district court judges in this state;

(b) One member who
represents an association of justices of the peace and judges of municipal
courts in this state;

(c) One member who
represents an association of district attorneys in this state;

(d) One member who
represents a law enforcement agency located in a county whose population is
less than 400,000;

(e) One member who
represents a law enforcement agency located in a county whose population is
400,000 or more;

(f) One member who
represents the Nevada Highway Patrol; and

(g) One member who
represents the University of Nevada System and has knowledge of the criminal
justice system.

3. The members of
the advisory committee are not entitled to receive compensation while engaged
in the business of the advisory committee.

4. Any member who
is selected to fill a vacancy must possess the same general qualifications as
his predecessor in office.

Sec. 2. NRS 179A.075 is
hereby amended to read as follows:

179A.075 1. The central
repository for Nevada records of criminal history is hereby created within the
Nevada highway patrol division of the department.

2. Each agency of
criminal justice and any other agency dealing with crime or delinquency of
children shall:

(a) Collect and maintain
records, reports and compilations of statistical data required by the
department; and

(b) Submit the
information collected to the central repository in the manner recommended by
the advisory committee and approved by the director of the department.

3. Each
agency of criminal justice shall submit the information relating to sexual
offenses and other records of criminal history it collects, and any information
in its possession relating to the genetic markers of the blood and the secretor
status of the saliva of a person who is convicted of sexual assault or any
other sexual offense, to the division in the manner prescribed by the director
of the department. A report of disposition must be submitted to the division:

(a) Through an electronic network;

(b) On a media of magnetic storage; or

(c) In the manner prescribed by the director of
the department,

within 30 days after the date of disposition. If an agency
has submitted a record regarding the arrest of a person who is later determined
by the agency not to be the person who committed the particular crime, the
agency shall, immediately upon making that determination, so notify the
division. The division shall delete all references in the central repository
relating to that particular arrest.

(a) Collect, maintain and arrange all
information submitted to it relating to:

(1) Sexual offenses and other records of
criminal history; and

(2) The genetic markers of the blood and
the secretor status of the saliva of a person who is convicted of sexual
assault or any other sexual offense.

(b) Use a record of the subjects fingerprints
as the basis for any records maintained regarding him.

[4.]5. The division may:

(a) Disseminate any information which is
contained in the central repository to any other agency of criminal justice;

(b) Enter into cooperative agreements with
federal and state repositories to facilitate exchanges of such information; and

(c) Request of and receive from the Federal
Bureau of Investigation information on the background and personal history of
any person:

(1) Who has applied to any agency of the
state or any political subdivision for a license which it has the power to
grant or deny;

(2) With whom any agency of the state or
any political subdivision intends to enter into a relationship of employment or
a contract for personal services; or

(3) About whom any agency of the state or
any political subdivision has a legitimate need to have accurate personal
information for the protection of the agency or the persons within its
jurisdiction.

6. The central
repository shall:

(a) Collect and maintain
records, reports and compilations of statistical data submitted by any agency
pursuant to subsection 2.

(b) Tabulate and analyze
all records, reports and compilations of statistical data received pursuant to
this section.

(c) Disseminate to
federal agencies engaged in the collection of statistical data relating to
crime information which is contained in the central repository.

(d) On or before July 1
of each year, prepare and present to the governor a printed annual report
containing the statistical data relating to crime received during the preceding
calendar year. Additional reports may be presented to the governor throughout
the year regarding specific areas of crime if they are recommended by the
advisory committee and approved by the director of the department.

(e) Identify and review
the collection and processing of statistical data relating to criminal justice
and delinquency of children by any agency identified in subsection 2, and make
recommendations for any necessary changes in the manner of collecting and
processing statistical data by any such agency.

7. The central
repository may:

(a) At the recommendation
of the advisory committee and in the manner prescribed by the director of the
department, disseminate compilations of statistical data and publish
statistical reports relating to crime or delinquency of children.

(b) Charge a reasonable
fee for any publication or special report it distributes relating to data
collected pursuant to this section. The central repository may not collect such
a fee from an agency of criminal justice or any other agency dealing with crime
or delinquency of children which is required to submit
information pursuant to subsection 2.

submit information pursuant to
subsection 2. All money collected pursuant to this paragraph must be used to pay
for the cost of operating the central repository.

________

CHAPTER 319, SB 444

Senate Bill No.
444Committee on Commerce and Labor

CHAPTER 319

AN ACT relating to the subdivision of
land; eliminating the requirement that each block on a final subdivision map be
numbered or lettered; and providing other matters properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 278.372 is
hereby amended to read as follows:

278.372 1. The final map
must be clearly and legibly drawn in black waterproof india ink upon good
tracing cloth or produced by the use of other materials of a permanent nature
generally used for such purpose in the engineering profession, but affidavits,
certificates and acknowledgments must be legibly stamped or printed upon the
map with opaque ink.

2. The size of each sheet of the map must
be 24 by 32 inches. A marginal line must be drawn completely around each sheet,
leaving an entirely blank margin of 1 inch at the top, bottom, and right edges,
and of 2 inches at the left edge along the 24-inch dimension.

3. The scale of the map must be large
enough to show all details clearly. The map must have a sufficient number of
sheets to accomplish this end.

4. Each sheet of the map must indicate
its particular number, the total number of sheets in the map and its relation
to each adjoining sheet.

5. The final map must show all surveyed
and mathematical information and data necessary to locate all monuments and to
locate and retrace all interior and exterior boundary lines appearing thereon,
including the bearings and distances of straight lines, central angle, radii
and arc length for all curves and such information as may be necessary to
determine the location of the centers of curves.

6. Each lot must be numbered in sequence.

7. Each street must be named and each
block [must]may be numbered or lettered.

8. The exterior boundary of the land
included within the subdivision must be indicated by graphic border.

9. The map must show the definite
location of the subdivision, particularly its relation to surrounding surveys.

10. The final map must show the area of
each lot and the total area of the land in the subdivision in the following
manner:

(a) In acres, calculated to the nearest
one-hundredth of an acre, if the area is 2 acres or more; or

11. The final map must also satisfy any
additional survey and map requirements of the local ordinance.

________

CHAPTER 320, AB 160

Assembly Bill No.
160Committee on Government Affairs

CHAPTER 320

AN ACT relating to emergency management;
prohibiting certain persons from depriving an employee of his employment based
on his service as a member of a volunteer search and rescue or reserve unit of
a sheriffs department or a Civil Air Patrol unit under certain circumstances;
requiring an employee and an applicant for employment to disclose information
concerning membership in a reserve or search and rescue unit to his employer or
prospective employer; and providing other matters properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 414 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 and 3
of this act.

Sec. 2. 1. Any person, including a government,
governmental agency or political subdivision of a government, who employs a
person or is vested with the power to discharge or recommend the discharge of a
person shall not deprive that person of his employment for any reason
specifically relating to his service as a member of a volunteer search and
rescue or reserve unit of a sheriffs department or a Civil Air Patrol unit
unless:

(a) The employee failed
to comply with the provisions of subsection 1 of section 3 of this act; or

(b) The employer has
given notice to the employee pursuant to the provisions of subsection 2 of
section 3 of this act.

2. A person
discharged in violation of subsection 1 may commence a civil action against his
employer and:

(a) Recover all wages and
benefits lost as a result of the violation and reasonable attorneys fees as
fixed by the court; and

(b) Obtain an order of
the court reinstating him to his employment without loss of position, seniority
or benefits.

Sec. 3. 1. An employee who wishes to join a volunteer
search and rescue or reserve unit of a sheriffs department or a Civil Air
Patrol unit shall disclose that fact to his employer.

2. If the employer
chooses not to allow the employee to participate in search and rescue activities
during his normal working hours, the employer shall notify the employee as soon
as practicable after the disclosure is made pursuant to subsection 1.

3. An applicant
for employment who is a member of a search and rescue or reserve unit of a
sheriffs department or a Civil Air Patrol unit shall disclose that fact to his
prospective employer.

________

CHAPTER 321, AB 483

Assembly Bill No.
483Assemblymen Humke, Freeman, Sader and Kerns

CHAPTER 321

AN ACT relating to hazardous waste;
increasing the penalty of violations of certain statutes and orders relating to
hazardous waste; providing a penalty for any unlawful disposal or discharge of
hazardous waste; and providing other matters properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 445.334 is hereby
amended to read as follows:

445.334 1. Except as otherwise provided in NRS 445.337 [,]or unless a
greater penalty is prescribed by NRS 459.600, any person who
intentionally or with criminal negligence violates NRS 445.221 or 445.254, any
limitation established pursuant to NRS 445.247 and 445.251, the terms or
conditions of any permit issued under NRS 445.227 to 445.241, inclusive, or any
final order issued under NRS 445.324, except a final order concerning a diffuse
source, is guilty of a gross misdemeanor and shall be punished by a fine of not
more than $25,000 for each day of the violation or by imprisonment in the
county jail for not more than 1 year, or by both fine and imprisonment.

2. If the conviction is for a second
violation of the provisions indicated in subsection 1, the person is guilty of
a felony and shall be punished by a fine of not more than $50,000 for each day
of the violation or by imprisonment in the state prison for not less than 1
year nor more than 6 years, or by both fine and imprisonment.

3. The penalties imposed by subsections 1
and 2 are in addition to any other penalties, civil or criminal, provided
pursuant to NRS 445.131 to 445.354, inclusive.

Sec. 2. NRS 459.585 is
hereby amended to read as follows:

459.585 1. Any person who
violates or contributes to a violation of any provision of NRS 459.400 to
459.560, inclusive, 459.590 or of any regulation adopted or permit or order
issued pursuant to those sections, or who does not take action to correct a
violation within the time specified in an order, is liable to the department
for a civil penalty of not more than [$10,000]$25,000 for each day on which the violation
occurs. This penalty is in addition to any other penalty provided by NRS
459.400 to 459.600, inclusive.

2. The department may recover, in the
name of the State of Nevada, actual damages which result from a violation, in
addition to the civil penalty provided in this section. The damages may include
expenses incurred by the department in removing, correcting
or terminating any adverse effects which resulted from the violation and
compensation for any fish, aquatic life or other wildlife destroyed as a result
of the violation.

department in removing, correcting or terminating any
adverse effects which resulted from the violation and compensation for any
fish, aquatic life or other wildlife destroyed as a result of the violation.

Sec. 3. NRS 459.595 is
hereby amended to read as follows:

459.595 Any person who:

1. Knowingly makes any false statement,
representation or certification on any application, record, report, manifest,
plan or other document filed or required to be maintained by any provision of
NRS 459.400 to 459.560, inclusive, NRS 459.590 or by any regulation adopted or
permit or order issued pursuant to those sections; or

2. Falsifies, tampers with or knowingly
renders inaccurate any device or method for continuing observation required by
a provision of NRS 459.400 to 459.560, inclusive, or by any regulation adopted
or permit or order issued pursuant to those sections,

shall be punished by imprisonment in the county jail for not
more than 1 year, or by a fine of not more than [$10,000,]$25,000, or by both fine and imprisonment. Each
day the false document remains uncorrected or a device or method described in
subsection 2 remains inaccurate constitutes a separate violation of this
section for purposes of determining the maximum fine.

1. Violates NRS
459.590, subsection 1 of NRS 459.515 [,]or any term or condition of a permit issued
pursuant to NRS 459.520 [or];

2. Violates an
order issued by the department relating to hazardous waste [:

1. For the first
violation, shall be punished by imprisonment in the county jail for not more
than 1 year, or by a fine of not more than $25,000 for each day of the
violation, or by both fine and imprisonment.

2. For a second or
subsequent violation,], if:

(a) The violation
threatens or harms the environment or the personal safety of other persons; and

(b) The person has not
made a good faith effort to comply with the order; or

3. Disposes of or
discharges hazardous waste in any manner not authorized by the provisions of
this chapter or regulations adopted thereunder,

shall be punished by imprisonment in the state prison for
not less than 1 year or more than 6 years, or by a fine of not more than
$50,000 for each day of the violation, or by both fine and imprisonment.

Sec. 5. NRS 503.430 is
hereby amended to read as follows:

503.430 Except as otherwise
provided in NRS 445.281 [,]or unless a greater penalty is prescribed by NRS 459.600, every
person who places or allows to pass, or who places where it can pass or fall,
into or upon any of the waters of this state at any time, any lime, gas tar,
slag, acids or other chemical, sawdust, shavings, slabs, edgings, mill or
factory refuse, sewage, garbage or any substance
deleterious to fish or wildlife is guilty of a misdemeanor for the first
offense and a gross misdemeanor for any subsequent offense.

garbage or any substance deleterious to fish or wildlife is
guilty of a misdemeanor for the first offense and a gross misdemeanor for any
subsequent offense.

________

CHAPTER 322, AB 528

Assembly Bill No.
528Committee on Labor and Management

CHAPTER 322

AN ACT relating to industrial insurance;
changing the name of the state industrial claimants attorney; revising
provisions regarding the processing of contested claims by hearing officers;
and providing other matters properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 616.182 is
hereby amended to read as follows:

616.182 1. Except as
otherwise provided in this section, the department of industrial relations
shall regulate insurers under this chapter and chapter 617 of NRS and
investigate insurers regarding compliance with statutes and the departments
regulations.

2. The commissioner of insurance is
responsible for reviewing rates, investigating the solvency of insurers and
certifying self-insured employers pursuant to NRS 616.291 to 616.298,
inclusive, 616.337 and 616.338.

3. The department of administration is
responsible for administrative appeals relating to workers compensation
pursuant to NRS 616.541 to 616.544, inclusive. The system is responsible for
administrative appeals pursuant to NRS 616.392.

4. The [state
industrial claimants]Nevada attorney
for injured workers is responsible for legal
representation of claimants pursuant to NRS 616.253 to 616.2539, inclusive.

Sec. 2. NRS 616.193 is
hereby amended to read as follows:

616.193 1. The insurer must
provide access to the files of claims in its offices.

2. A file is available for inspection
during regular business hours by the employee or his designated agent, the
employer or his designated agent and the administrator or his designated agent.

3. Upon request, the insurer must make
copies of anything in the file and may charge a reasonable fee for this
service. Copies of materials in the file which are requested by the
administrator or his designated agent, or the [state
industrial claimants]Nevada attorney
for injured workers or his designated agent must
be provided free of charge.

4. Until a claim is closed the file must
be kept in the office nearest to the place where the injury occurred.

5. If a claim has been closed for at
least 1 year, the insurer may microphotograph or film any of its records
relating to that claim. The microphotographs or films
must be placed in convenient and accessible files, and provision must be made
for preserving, examining and using the records.

microphotographs or films must be placed in convenient and
accessible files, and provision must be made for preserving, examining and using
the records.

6. Nothing in this section requires the
insurer to allow inspection or reproduction of material regarding which a legal
privilege against disclosure has been conferred.

Sec. 3. NRS 616.2235 is
hereby amended to read as follows:

616.2235 1. Except as otherwise provided in subsection 2, each self-insured
employer and other employer covered under the provisions of NRS 616.255 and
616.256 shall compensate the system, the office of the [state
industrial claimants]Nevada attorney
for injured workers or the hearings division of
the department of administration, as appropriate, for all services which the
system, the occupational safety and health review board, the [state industrial claimants attorney,]Nevada attorney for injured workers, the hearing
officers and the appeals officers provide to those employers if the rate is
established by a regulation of the system. The cost of any service for which a
rate is not established by regulation must be negotiated by the employer and
the system, the [state industrial claimants]Nevada attorney for
injured workers or the division, as appropriate, before the employer is
charged for the service.

2. All compensation must be on the basis
of actual cost and not on a basis which includes any subsidy for the system,
the office of the [state industrial claimants
attorney,]Nevada attorney for injured
workers, the division or other employers.

Sec. 4. NRS 616.226 is
hereby amended to read as follows:

616.226 [Hearing
officers, appeals]1. Appeals
officers, the administrator and the manager, in conducting hearings or
other proceedings pursuant to the provisions of this chapter or regulations
adopted under this chapter may:

[1.](a) Issue subpenas requiring the attendance of
any witness or the production of books, accounts, papers, records and
documents.

[2.](b) Administer oaths.

[3.](c) Certify to official acts.

[4.](d) Call and examine under oath any witness or
party to a claim.

[5.](e) Maintain order.

[6.](f) Rule upon all questions arising during the
course of a hearing or proceeding.

[7.](g) Permit discovery by deposition or
interrogatories.

[8.](h) Initiate and hold conferences for the
settlement or simplification of issues.

[9.](i) Dispose of procedural requests or similar
matters.

[10.](j) Generally regulate and guide the course of a
pending hearing or proceeding.

2. Hearing
officers in conducting hearings or other proceedings pursuant to the provisions
of this chapter or regulations adopted under this chapter may:

(a) Issue subpenas
requiring the attendance of any witness or the production of books, accounts,
papers, records and documents that are relevant to the dispute for which the
hearing or other proceeding are being held.

(d) Initiate and hold
conferences for the settlement or simplification of issues.

(e) Dispose of procedural
requests or similar matters.

(f) Generally regulate
and guide the course of a pending hearing or proceeding.

Sec. 5. NRS 616.253 is
hereby amended to read as follows:

616.253 1. The office of [state industrial claimants]the Nevada attorney for injured
workers is hereby created. The governor shall appoint the [state industrial claimants]Nevada attorney for injured
workers for a term of 4 years.

(a) A deputy [state
industrial claimants]Nevada attorney
for injured workers who is in the unclassified
service of the state.

(b) Clerical and other necessary staff who are
in the classified service of the state.

2. The deputy must be an attorney
licensed to practice law in this state and, except as otherwise provided in NRS
7.065, shall not engage in the private practice of law.

Sec. 7. NRS 616.2533 is
hereby amended to read as follows:

616.2533 1. The [state industrial claimants]Nevada attorney for injured
workers shall establish an office in Carson City or Reno, Nevada, and an
office in Las Vegas, Nevada.

2. The [state
industrial claimants]Nevada attorney
for injured workers shall prepare and submit a
budget for the maintenance and operation of his office in the same manner as
other state agencies.

Sec. 8. NRS 616.2535 is
hereby amended to read as follows:

616.2535 1. Any claimant may
request the appointment of the [state industrial
claimants]Nevada attorney for injured workers to represent him. The request must
be made in writing.

2. The appeals officer or administrator,
as the case may be, shall consider each request within a reasonable time and
shall make any inquiry as he deems necessary. If he finds that the claimant
would be better served by legal representation in the case, he shall appoint
the [state industrial claimants]Nevada attorney for injured
workers to represent the claimant. Once the [state
industrial claimants]Nevada attorney
for injured workers has been appointed to
represent a claimant, the [state industrial
claimants]Nevada attorney for injured workers is authorized
to represent the claimant at any level of proceedings if, in the opinion of the
[state industrial claimants attorney,] Nevada attorney for injured workers,
the representation is necessary.

injured workers is authorized
to represent the claimant at any level of proceedings if, in the opinion of the
[state industrial claimants attorney,]Nevada attorney for injured workers, the
representation is necessary.

Sec. 9. NRS 616.2537 is
hereby amended to read as follows:

616.2537 1. The [state industrial claimants]Nevada attorney for injured
workers shall, when appointed by an appeals officer or the
administrator, represent without charge a claimant before the appeals officer,
administrator, district court or supreme court. In addition, the [state industrial claimants]Nevada attorney for injured
workers may give advice regarding a claimants rights before a hearing
officer and the procedure for enforcing those rights.

(a) Advise the claimant and present his case to
the appeals officer or administrator; and

(b) Present in the district court or supreme
court an appeal from the decision of the appeals officer or administrator if,
in the opinion of the [state industrial
claimants attorney,]Nevada attorney for
injured workers, the appeal is merited.

Sec. 10. NRS 616.2539 is
hereby amended to read as follows:

616.2539 1. The provisions
of NRS 616.253 to 616.2539, inclusive, do not prevent any claimant from
engaging private counsel at any time, but the employment of private counsel
relieves the [state industrial claimants]Nevada attorney for
injured workers from further presentation of the claimants case. Any
claimant who uses the services of the [state
industrial claimants]Nevada attorney
for injured workers and who also retains private
counsel shall reimburse the department for the reasonable cost of the services
of the [state industrial claimants attorney.]Nevada attorney for injured workers.

2. The [state
industrial claimants]Nevada attorney
for injured workers shall submit a report to the
governor containing a statement of the number of claimants represented, the
status of each case and the amount and nature of the expenditures made by his
office.

Sec. 11. NRS 616.5412 is
hereby amended to read as follows:

616.5412 1. Any person who
is subject to the jurisdiction of the hearing officers under this chapter or
chapter 617 of NRS may request a hearing before a hearing officer of any matter
within his authority. The insurer shall provide, without cost, the forms
necessary to request a hearing to any person who requests them.

2. A person who is aggrieved by [a decision]:

(a) A determination of
an insurer ; or

(b) The failure of an
insurer to respond within 30 days to a written request mailed to the insurer by
the person who is aggrieved,

may appeal from the [decision]determination or failure to respond by filing a
request for a hearing before a hearing officer. Such a request must be filed
with 60 days after the date on which the notice of its [decision]determination was mailed by the insurer [.]or the
unanswered written request was mailed to the
insurer, as applicable.

mailed to the insurer, as applicable.
Except as otherwise provided in subsection 7 of NRS 616.500, the failure of an
insurer to respond to a written request shall be deemed by the hearing officer
to be a denial of the request.

3. Failure to file a request for a
hearing within the period specified in subsection 2 may be excused if the
person aggrieved shows by a preponderance of the evidence that he did not receive
the notice of the [decision]determination and the forms necessary to request a
hearing. The claimant or employer shall notify the insurer of a change of
address.

4. The hearing
before the hearing officer must be conducted as expeditiously and informally as
is practicable.

Sec. 12. NRS 616.5416 is
hereby amended to read as follows:

616.5416 1. The hearing
officer shall:

(a) Within 5 days after receiving a request for
a hearing, set the hearing for a date and time within 30 days after his receipt
of the request; and

(b) Give notice by mail or by personal service
to all interested parties to the hearing at least 15 days before the date and
time scheduled.

2. If necessary to resolve a medical
question concerning an injured employees condition, the hearing officer may
refer the employee to a physician or chiropractor chosen by the hearing
officer. If the medical question concerns the rating of a permanent disability,
the hearing officer may refer the employee to a physician or chiropractor designated
by the administrator. The insurer shall pay the costs of any medical
examination requested by the hearing officer.

3. The hearing officer shall [prepare written findings of facts and] render
his decision within 15 days after:

(a) The hearing; or

(b) He receives a copy of the report from the
medical examination he requested.

4. The hearing officer shall give notice
of his decision to each party by mail. He must include with the notice of his
decision the necessary forms for appealing from the decision.

5. The decision of the hearing officer is
not stayed if an appeal from that decision is taken unless a stay is granted by
the hearing officer or an appeals officer within 30 days after the date on
which the decision was rendered.

Sec. 13. This act becomes
effective upon passage and approval.

Sec. 14. In preparing the
reprint of the Nevada Revised Statutes, the legislative counsel shall change
any reference to the state industrial claimants attorney to refer to the
Nevada attorney for injured workers in any section which is not amended by
this act or is further amended by another act.

________

κ1991
Statutes of Nevada, Page 836κ

CHAPTER 323, SB 226

Senate Bill No. 226Senators
Rawson, OConnell and Raggio

CHAPTER 323

AN ACT relating to motor vehicles;
establishing as an aggravating factor in determining the sentence of a person
convicted of driving a motor vehicle while under the influence of intoxicating
liquor or a controlled substance, the fact that a child was a passenger at the
time of the violation; and providing other matters properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 484.3792 is
hereby amended to read as follows:

484.3792 1. Any person who
violates the provisions of NRS 484.379:

(a) For the first offense within 7 years, is
guilty of a misdemeanor. Unless he is allowed to undergo treatment as provided
in NRS 484.3794, the court shall:

(1) Except as otherwise provided in
subsection 6, order him to pay tuition for an educational course on the abuse
of alcohol and controlled substances approved by the department and complete
the course within the time specified in the order, and the court shall notify
the department if he fails to complete the course within the specified time;

(2) Unless the sentence is reduced
pursuant to NRS 484.3794, sentence him to imprisonment for not less than 2 days
nor more than 6 months in jail, or to perform 48 hours of work for the
community while dressed in distinctive garb which identifies him as having
violated the provisions of NRS 484.379; and

(3) Fine him not less than $200 nor more
than $1,000.

The teacher of the educational course shall evaluate the
offender and, if he finds the offender is an abuser of alcohol or controlled
substances, he shall promptly report his findings to the court for its use.

(b) For a second offense within 7 years, is
guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS
484.3794, the court shall sentence him to imprisonment for not less than 10
days nor more than 6 months in jail and fine him not less than $500 nor more
than $1,000.

(c) For a third or subsequent offense within 7
years, shall be punished by imprisonment in the state prison for not less than
1 year nor more than 6 years and must be further punished by a fine of not less
than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as
practicable, be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility of minimum
security.

2. Any offense which occurred within 7
years immediately preceding the date of the principal offense or after the
principal offense constitutes a prior offense for the purposes of this section
when evidenced by a conviction, without regard to the sequence of the offenses
and convictions. The facts concerning a prior offense must be alleged in the
complaint, indictment or information, must not be read to the jury or proved at
trial but must be proved at the time of sentencing and, if the principal
offense is alleged to be a felony, must also be shown at the preliminary
examination or presented to the grand jury.

3. No person convicted of violating the
provisions of NRS 484.379 may be released on probation, and no sentence imposed
for violating those provisions may be suspended except, as provided in NRS
4.373, 5.055 and 484.3794, that portion of the sentence imposed that exceeds
the mandatory minimum. No prosecuting attorney may dismiss a charge of
violating the provisions of NRS 484.379 in exchange for a plea of guilty or
nolo contendere to a lesser charge or for any other reason unless he knows or
it is obvious that the charge is not supported by probable cause or cannot be
proved at the time of trial.

4. Any term of confinement imposed under
the provisions of this section may be served intermittently at the discretion
of the judge or justice of the peace, except that a person who is convicted of
a second or subsequent offense within 7 years must be confined for at least one
segment of not less than 48 consecutive hours. This discretion must be
exercised after considering all the circumstances surrounding the offense, and
the family and employment of the offender, but any sentence of 30 days or less
must be served with 6 months after the date of conviction or, if the offender
was sentenced pursuant to NRS 484.3794 and the suspension of his sentence was
revoked, within 6 months after the date of revocation. Any time for which the
offender is confined must consist of not less than 24 consecutive hours.

5. Jail sentences simultaneously imposed
under this section and NRS 483.560 or 485.330 must run consecutively.

6. If the person who violated the
provisions of NRS 484.379 possesses a drivers license issued by a state other
than Nevada and does not reside in Nevada, in carrying out the provisions of
subparagraph (1) of paragraph (a) or (b) of
subsection 1, the court shall:

(a) Order the person to pay tuition for and
submit evidence of completion of an educational course on the abuse of alcohol
and controlled substances approved by a governmental agency of the state of his
residence within the time specified in the order; or

(b) Order him to complete an educational course
by correspondence on the abuse of alcohol and controlled substances approved by
the department within the time specified in the order,

and the court shall notify the department if the person
fails to complete the assigned course within the specified time.

7. If the
defendant was transporting a person who is less than 15 years of age in the
motor vehicle at the time of the violation, the court shall consider that fact
as an aggravating factor in determining the sentence of the defendant.

8. As used
in this section, unless the context otherwise requires, offense means a violation
of NRS 484.379 or 484.3795 or homicide resulting from the driving of a vehicle
while under the influence of intoxicating liquor or a controlled substance, or
the violation of a law of any other jurisdiction which prohibits the same or
similar conduct.

Sec. 2. NRS 484.3795 is
hereby amended to read as follows:

484.3795 1. Any person who,
while under the influence of intoxicating liquor or with 0.10 percent or more
by weight of alcohol in his blood, or while under the influence of a controlled
substance, or under the combined influence of intoxicating liquor and a
controlled substance, or any person who inhales, ingests,
applies or otherwise uses any chemical, poison or organic solvent, or any
compound or combination of any of these, to a degree which renders him
incapable of safely driving or exercising actual physical control of a vehicle,
does any act or neglects any duty imposed by law while driving or in actual
physical control of any vehicle on or off the highways of this state, if the
act or neglect of duty proximately causes the death of, or substantial bodily
harm to, any person other than himself, shall be punished by imprisonment in
the state prison for not less than 1 year nor more than 20 years and must be
further punished by a fine of not less than $2,000 nor more than $5,000.

inhales, ingests, applies or otherwise uses any chemical,
poison or organic solvent, or any compound or combination of any of these, to a
degree which renders him incapable of safely driving or exercising actual
physical control of a vehicle, does any act or neglects any duty imposed by law
while driving or in actual physical control of any vehicle on or off the
highways of this state, if the act or neglect of duty proximately causes the
death of, or substantial bodily harm to, any person other than himself, shall
be punished by imprisonment in the state prison for not less than 1 year nor
more than 20 years and must be further punished by a fine of not less than
$2,000 nor more than $5,000. A person so imprisoned must, insofar as
practicable, be segregated from offenders whose crimes were violent and,
insofar as practicable, be assigned to an institution or facility of minimum
security.

2. No prosecuting attorney may dismiss a
charge of violating the provisions of subsection 1 in exchange for a plea of
guilty or nolo contendere to a lesser charge or for any other reason unless he
knows or it is obvious that the charge is not supported by probable cause or
cannot be proved at the time of trial. Except as otherwise provided in
subsection 3, a sentence imposed pursuant to subsection 1 may not be suspended
nor may probation be granted.

3. A person convicted of violating any
provision of this section may be sentenced to a specified term of imprisonment
in accordance with the provisions of subsection 1. The court may order
suspension of the sentence if, as a condition of the suspension, the defendant:

(a) Is imprisoned in the state prison, an
institution of minimum security, a conservation camp, a restitution center or a
similar facility for not less than 1 year; and

(b) Upon completion of the term of imprisonment,
begins serving a period of probation not to exceed 10 years.

4. If the
defendant was transporting a person who is less than 15 years of age in the
motor vehicle at the time of the violation, the court shall consider that fact
as an aggravating factor in determining the sentence of the defendant.

Sec. 3. This act becomes
effective at 12:01 a.m. on October 1, 1991.

________

CHAPTER 324, SB 120

Senate Bill No.
120Committee on Transportation

CHAPTER 324

AN ACT relating to traffic laws;
prohibiting the possession of an open container of an alcoholic beverage in a
motor vehicle; providing a penalty; and providing other matters properly
relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 484.448 is
hereby amended to read as follows:

484.448 1. It
is unlawful for [any]a person to drink [any
intoxicating liquor in a motor vehicle while such person is driving such]an alcoholic beverage while
he is driving or in actual physical control of a motor vehicle upon a highway.

beverage while he is driving or in
actual physical control of a motor vehicle upon a highway.

2. Except as
otherwise provided in this subsection, it is unlawful for a person to have an
open container of an alcoholic beverage within the passenger area of a motor
vehicle while the motor vehicle is upon a highway. This subsection does not
apply to a motor vehicle which is designed, maintained or used primarily for
the transportation of persons for compensation, or to the living quarters of a
house coach or house trailer.

3. As used in this
section:

(a) Alcoholic beverage
has the meaning ascribed to it in NRS 202.015.

(b) Open container
means a container which has been opened or the seal of which has been broken.

(c) Passenger area
means that area of a vehicle which is designed for the seating of the driver or
a passenger.

AN ACT relating to industrial insurance;
requiring the board of directors of the state industrial insurance system to
develop and cause to be carried out standards of performance to improve the
service and efficiency of the system; requiring the board to contract with an
independent management consultant concerning efficiency in processing claims
and bills; requiring the board to report the results of the actions taken
pursuant to this bill to the 67th session of the Nevada Legislature; and
providing other matters properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. 1. The
board of directors of the state industrial insurance system shall, on or before
October 1, 1992, develop and cause to be carried out standards of performance
to improve the service and efficiency of the system.

2. In developing the standards of
performance required by subsection 1, the board shall require each department
or other separate entity within the system to establish a mission statement,
including appropriate goals and objectives. The objectives must be based on a
measurable outcome and provide a means to evaluate the performance of the
entity.

3. In addition to the requirements of
subsections 1 and 2, the board shall contract with an independent management
consulting firm to examine the procedures of the system for processing claims
and bills and prepare recommendations concerning methods to increase the
efficiency and decrease the response time of the system.

response time of the system. The report of the consultant
must be presented to the manager of the system for review and implementation.
The consulting firm must be selected through a process of competitive bidding.

4. On or before January 1, 1993, the
board shall submit a report concerning the effects of the actions taken
pursuant to subsections 1, 2 and 3 on the service and efficiency of the system
to the interim finance committee and any statutory committee of the legislature
established to consider matters relating to industrial insurance, for their
review and for distribution to the 67th session of the Nevada Legislature.

________

CHAPTER 326, SB 124

Senate Bill No.
124Senators Smith and Getto

CHAPTER 326

AN ACT relating to the Colorado River
commission; clarifying and expanding its duties; and providing other matters
properly relating thereto.

[Approved June 11, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 538.161 is
hereby amended to read as follows:

538.161 The commission shall:

1. Collect and arrange all data and
information connected with the Colorado River and its tributaries which may
affect or be of interest to this state.

2. Represent and act for the State of
Nevada in the negotiation and execution of contracts, leases or agreements for
the use, exchange, purchase or transmission of power from any source, or for
the planning, development or ownership of facilities for the generation or
transmission of electricity, both within and outside Nevada, for the greatest
possible benefit to this state, and present such contracts, leases or
agreements to the governor for his information. The commission may contract for
the supply of electric energy to any corporation or cooperative created under
the laws of this state that is being operated principally for service to Nevada
[citizens]residents
and may be serving incidental energy to [citizens]residents of other states contiguous to its
service area in Nevada. If such a corporation or cooperative so requests, the
commission may contract to supply electric energy directly for the corporation
or cooperative.

3. Represent the State of Nevada in such
interstate or other conferences or conventions as may be called for the
consideration of the development of reclamation and power projects connected
with the Colorado River or its tributaries, or in connection with Hoover Dam or
other federally operated dams.

4. Render the friendly cooperation of the
State of Nevada to constructive enterprises concerned with the conservation of
the waters of the Colorado River and its tributaries and the development of
power thereon.

5. Render friendly cooperation to
industries located in other states, negotiate with them and invite them to
locate within Nevada.

6. Negotiate with the representatives of
other states and the United States in an endeavor to settle equitably and
define the rights of the states and of the United States in the water of the
Colorado River and its tributaries.

7. Make and enter into agreements,
compacts or treaties between the State of Nevada and the States of Arizona,
California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho and Wyoming,
either jointly or severally. The agreements, compacts or treaties are not
binding upon the State of Nevada until ratified and approved by the legislature
and governor of the State of Nevada.

8. Represent the
State of Nevada in consultations with other states, the United States, foreign
countries and nongovernmental persons, and negotiate, make and enter into agreements
between the State of Nevada and those entities, either jointly or severally,
concerning the:

(a) Interstate or
international transfer of water to supplement the supply of water in the
Colorado River which is available for use in this state;

(b) Augmentation of the
waters of the Colorado River and its tributaries through the modification of
the weather and the use of such other measures as are appropriate, and the
control of the salinity of those waters; and

(c) Operation of federal
dams and other facilities on the Colorado River and its tributaries.

9. Report
to the governor such measures and legislative action as it deems necessary to
secure to the people of Nevada all possible benefits from the water of the
Colorado River allocated to or contracted by the State of Nevada and the power
allocated to or contracted by the State of Nevada to be generated at Hoover Dam
or elsewhere within the Colorado River stream system or from any power
development in the western United States for the greatest possible benefit to
the State of Nevada.

[9.]10. Cooperate with other states or federal
agencies to establish, conduct and maintain power, water and irrigation
projects.

AN ACT relating to hazardous waste;
establishing fees for the disposal of hazardous waste; authorizing the
expenditure of the resulting revenue; requiring the development of a program
for the minimization, recycling and reuse of hazardous waste; and providing
other matters properly relating thereto.

[Approved June 12, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 459 of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The owner or
operator of a facility for the management of hazardous waste shall, in addition
to any other applicable fees, pay to the department to offset partially the
cost incurred by the state fire marshal for training emergency personnel who
respond to the scene of accidents involving hazardous materials a fee of $4.50
per ton of the volume received for the disposal of hazardous waste by the
facility.

2. The owner or
operator of a facility for the management of hazardous waste shall, in addition
to any other applicable fees, pay to the department to offset partially the
cost incurred by the public service commission of Nevada for inspecting and
otherwise ensuring the safety of any shipment of hazardous materials
transported by rail car through or within this state a fee of $1.50 per ton of
the volume received for the disposal of hazardous waste by the facility.

3. The operator of
such a facility shall pay the fees provided in this section, based upon the
volume of hazardous waste received by the facility during each quarter of the
calendar year, within 30 days after the end of each quarter. The department may
assess and collect a penalty of 2 percent of the unpaid balance for each month,
or portion thereof, that the fee remains due.

Sec. 2. NRS 459.405 is
hereby amended to read as follows:

459.405 As used in NRS 459.400 to
459.600, inclusive, and section 1 of this act, unless
the context otherwise requires, the words and terms defined in NRS 459.410 to
459.455, inclusive, have the meanings ascribed to them in those sections.

Sec. 3. NRS 459.485 is
hereby amended to read as follows:

459.485 The commission shall:

1. Adopt regulations governing systems of
hazardous waste management, including the plan for management of hazardous
waste in the entire state; and

2. Through the department:

(a) Advise, consult and cooperate with other
agencies of the state, other states, the Federal Government, municipalities and
other persons on matters relating to formulation of plans for managing
hazardous waste.

(b) Develop a plan for management of hazardous
waste in the entire state.

(c) Develop a program to
encourage the minimization of hazardous waste and the recycling or reuse of
hazardous waste by persons who generate hazardous waste within Nevada. The
program may include grants or other financial incentives.

Sec. 4. NRS 459.510 is
hereby amended to read as follows:

459.510 The commission may establish by
regulation:

1. License fees and any other fees for
the use of state-owned disposal areas for hazardous wastes, in an amount
sufficient to defray all costs of monitoring, securing or otherwise regulating
the storage or disposal of hazardous wastes. The fee for use of a disposal area
must not be less than 25 cents per cubic foot of material placed in the area.
The person who contracts with the state for the use of a disposal area is
responsible for the payment of these fees. The
commission may authorize the department to waive all or part of the fees
collected pursuant to this section for wastes generated:

(a) By agencies of the
State of Nevada.

(b) In compliance with an
order by the department to clean up a spill or deposit.

2. Procedures
for the collection of interest on delinquent fees and other accounts for the
use of disposal areas.

3. Penalties of no more than $3,000 per
day for each separate failure to comply with a license or agreement or $25,000
for any 30-day period for all failures to comply.

Sec. 5. NRS 459.530 is
hereby amended to read as follows:

459.530 1. All
proceeds from agreements entered into pursuant to NRS 459.505, all
reimbursements and penalties recovered pursuant to NRS 459.535, and all fees
collected, all civil penalties imposed and all interest accrued pursuant to NRS
459.400 to 459.600, inclusive, must be deposited with the state treasurer for
credit to the fund for the management of hazardous waste, which is hereby
created as a special revenue fund. The money in the fund must be paid as other
claims against the state are paid.

2. The state
treasurer shall account separately for each of the fees collected pursuant to
section 1 of this act.

Sec. 6. NRS 459.535 is
hereby amended to read as follows:

459.535 1. Except as
otherwise provided in subsections 2 and 3, the money in the fund for the
management of hazardous waste may be expended only to pay the costs of [the]:

(a) The continuing
observation or other management of hazardous waste [and
to establish and maintain];

(b) Establishing and
maintaining a program of certification of consultants involved in the
clean up of leaks of hazardous waste, hazardous material or a regulated
substance from underground storage tanks or the clean up of spills of or
accidents involving hazardous waste, hazardous material or a regulated
substance [.];

(c) Training persons to
respond to accidents or other emergencies related to hazardous materials,
including any basic training by the state fire marshal which is necessary to
prepare personnel for advanced training related to hazardous materials;

(d) Establishing and
maintaining a program by the public service commission of Nevada to inspect and
otherwise ensure the safety of any shipment of hazardous materials transported
by rail car through or within the state; and

(e) Financial incentives
and grants made in furtherance of the program developed pursuant to subsection
3 of NRS 459.485 for the minimization, recycling and reuse of hazardous waste.

2. Money in the fund for the management
of hazardous waste may be expended to provide matching money required as a
condition of any federal grant for the purposes of NRS 459.800 to 459.856,
inclusive.

3. If the person responsible for a leak
or spill of or an accident involving hazardous waste, hazardous material or a
regulated substance does not act promptly and appropriately to clean and
decontaminate the affected area properly, and if his inaction presents an
imminent and substantial hazard to human health, public safety or the
environment, money from the fund may be expended to pay the costs of:

(a) Responding to a leak or spill of or an
accident involving hazardous waste, hazardous material or a regulated
substance;

(b) Coordinating the efforts of state, local and
federal agencies responding to a leak or spill of or an accident involving
hazardous waste, hazardous material or a regulated substance;

(c) Managing the cleaning and decontamination of
an area for the disposal of hazardous waste or the site of a leak or spill of
or an accident involving hazardous waste, hazardous material or a regulated
substance;

(d) Removing or contracting for the removal of
hazardous waste, hazardous material or a regulated substance which presents an
imminent danger to human health, public safety or the environment; or

(e) Services rendered in response to a leak or
spill of or an accident involving hazardous waste, hazardous material or a
regulated substance, by consultants certified pursuant to regulations adopted
by the commission.

4. The director shall demand
reimbursement of the fund for money expended pursuant to subsection 3 from any
person who is responsible for the accident, leak or spill, or who owns or
controls the hazardous waste, hazardous material or a regulated substance, or
the area used for the disposal of the waste, material or substance. Payment of
the reimbursement is due within 20 days after the person receives notice from
the director of the amount due. The director shall impose an administrative
penalty of not more than 5 percent of the amount of the reimbursement for each
day the amount remains unpaid after the date the payment for reimbursement is
due.

5. At the request of the director, the
attorney general shall seek recovery by legal action of the amount of any
unpaid reimbursement and penalty.

Sec. 7. 1. Expenditure
of $485,000 by the state fire marshal from the revenue derived from the fee
imposed by subsection 1 of section 1 of this act is hereby authorized during
each of the fiscal years beginning July 1, 1991, and ending June 30, 1992, and
beginning July 1, 1992, and ending June 30, 1993.

2. Expenditure of $145,500 by the public
service commission of Nevada from the revenue derived from the fee imposed by
subsection 2 of section 1 of this act is hereby authorized during each of the
fiscal years beginning July 1, 1991, and ending June 30,
1992, and beginning July 1, 1992, and ending June 30, 1993.

1991, and ending June 30, 1992, and beginning July 1, 1992,
and ending June 30, 1993.

3. The money authorized to be expended by
the provisions of subsections 1 and 2 must be expended in accordance with the
allotment transfer, work-program and budget provisions of NRS 353.150 to
353.245, inclusive, and transfers to and from salary allotments, travel
allotments, operating expense allotments, equipment allotments and other
allotments must be allowed and made in accordance with the provisions of NRS
353.215 to 353.225, inclusive, and after separate consideration of the merits
of each request.

Sec. 8. This act becomes
effective on July 1, 1991.

________

CHAPTER 328, AB 384

Assembly Bill No.
384Committee on Ways and Means

CHAPTER 328

AN ACT making an appropriation to the
legislative counsel bureau for the cost of remodeling the office building for
legislative staff when the current tenant vacates the premises; and providing
other matters properly relating thereto.

[Approved June 12, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. There is hereby
appropriated from the state general fund to the legislative counsel bureau the
sum of $100,000 for the cost of remodeling the office building for legislative
staff when the current tenant vacates the premises.

Sec. 2. Any remaining
balance of the appropriation made by section 1 of this act must not be
committed for expenditure after June 30, 1993, and reverts to the state general
fund as soon as all payments of money committed have been made.

Sec. 3. This act becomes
effective upon passage and approval.

________

κ1991
Statutes of Nevada, Page 846κ

CHAPTER 329, AB 450

Assembly Bill No.
450Committee on Commerce

CHAPTER 329

AN ACT relating to mobile home parks;
authorizing the administrator of the manufactured housing division of the
department of commerce to impose fines for violations of laws concerning mobile
home parks; and providing other matters properly relating thereto.

[Approved June 12, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 118B of NRS is
hereby amended by adding thereto a new section to read as follows:

1. The
administrator may impose a fine of not more than $1,000 against any person who
violates any of the provisions of this chapter.

2. The
administrator shall, before imposing the fine, notify the person by certified
mail that he will impose a fine for the violation unless the person requests a
hearing within 20 days after the notice is mailed.

3. If a hearing is
requested, the administrator shall hold a hearing pursuant to the provisions of
NRS 233B.121 to 233B.150, inclusive.

4. If a hearing is
not requested within the prescribed period and the matter is not otherwise
resolved, the administrator shall impose the fine and notify the person by
certified mail.

5. The decision of
the administrator to impose a fine pursuant to this section is a final decision
for the purposes of judicial review.

Sec. 2. NRS 118B.026 is
hereby amended to read as follows:

118B.026 1. The
administrator may, upon receiving a complaint alleging a violation of this
chapter or any regulation adopted pursuant thereto, investigate the alleged
violation.

2. [Whenever]If the administrator finds a violation of the
provisions of this chapter or of any regulation adopted pursuant thereto, he
may issue a notice of violation to the person who he alleges has violated the
provision. The notice of violation must set forth the violation which the
administrator alleges with particularity and specify the corrective action
which is to be taken and the time within which the action must be taken.

3. If the person to whom a notice of
violation is directed fails to take the corrective action required, the
administrator may:

(a) Extend the time for corrective action;

(b) Request the district attorney of the county
in which the violation is alleged to have occurred to prepare a complaint and
procure the issuance of a summons to the person for the violation; or

(c) Apply to the district court for the judicial
district in which the violation is alleged to have occurred for an injunction
and any other relief which the court may grant to compel compliance. In an
action brought [under]pursuant to this section, the court may award costs and
reasonable attorneys fees to the prevailing party.

The administrator may, in addition to
or in lieu of any action authorized by paragraph (a), (b) or (c), impose a fine
pursuant to section 1 of this act.

4. Any person who violates a provision of
this chapter, or a regulation adopted pursuant thereto, shall pay for the cost
incurred by the division in enforcing the provision.

Sec. 3. NRS 118B.230 is
hereby amended to read as follows:

118B.230 If a landlord unlawfully
terminates a tenancy, the provisions of NRS 118B.260 and
section 1 of this act apply.

________

CHAPTER 330, AB 715

Assembly Bill No.
715Assemblyman Bache (by request)

CHAPTER 330

AN ACT relating to youthful offenders;
restricting the expenditure of money appropriated to counties for special
supervision programs; and providing other matters properly relating thereto.

[Approved June 12, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 213 of NRS is
hereby amended by adding thereto a new section to read as follows:

Any money appropriated to a
county for any fiscal year for special supervision programs pursuant to NRS
213.240 which represents an increase over the amount appropriated to the county
pursuant to that section for the fiscal year ending June 30, 1991, must not be
used to offset the salaries of governmental employees but may be used only for
the purchase of goods, property or services necessary to carry out the purposes
of NRS 213.220 to 213.290, inclusive.

Sec. 2. NRS 213.230 is
hereby amended to read as follows:

213.230 As used in NRS 213.220 to
213.290, inclusive [;], and section 1 of this act:

3. Special supervision program means a
probation program meeting the standards prescribed pursuant to NRS 213.220 to
213.290, inclusive, for the rehabilitation of offenders who were less than 18
years of age at the time of violating any state law, which [does include:]includes:

(a) A degree of supervision substantially above
the usual; and

(b) The use of new techniques rather than
routine supervision techniques.

Sec. 3. This act becomes
effective on July 1, 1991.

________

κ1991
Statutes of Nevada, Page 848κ

CHAPTER 331, AB 744

Assembly Bill No.
744Committee on Ways and Means

CHAPTER 331

AN ACT relating to vital statistics;
revising the provisions governing the fees for services and copies of records
concerning vital statistics; and providing other matters properly relating
thereto.

[Approved June 12, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 440.175 is
hereby amended to read as follows:

440.175 1. Upon request, the
state registrar may furnish statistical data to any federal, state, local or
other public or private agency, upon such terms or conditions as may be
prescribed by the board.

2. No person may prepare or issue any
document which purports to be an original, certified copy or official copy of:

(a) A certificate of birth, death or fetal
death, except as authorized in this chapter or by the board.

(b) A certificate of marriage, except a county
recorder or a person so required pursuant to NRS 122.120.

(c) A decree of divorce or annulment of
marriage, except a county clerk or the judge of a court of record.

3. A person or governmental organization
which issues certified or official copies pursuant to paragraph (a) of
subsection 2 shall remit to the state registrar [$2
for]:

(a) For each
registration of a birth or death in its district [.], $2.

(b) For each copy issued
of a certificate of birth in its district, $5.

Sec. 2. NRS 440.700 is
hereby amended to read as follows:

440.700 1. The [board may set reasonable fees for searches of records,
copies of certificates and other services performed by the state registrar.]state registrar shall charge and collect the following
fees:

For
searching the files for one name, if no copy is made.............. $4

For
verifying a vital record................................................................. 4

For a
certified copy of a record of birth........................................... 11

For a
certified copy of a record of death......................................... 8

For correcting a record on file with the state registrar and
providing a certified copy of the corrected record...................................................... 13

For replacing a record on file with the state registrar and
providing a certified copy of the new record................................................................ 13

For filing a delayed certificate of birth and providing a
certified copy of the certificate....................................................................................... 13

For the services of a notary public, provided by the state
registrar 1

For an index of marriage certificates provided on microfiche
to a person other than a county recorder of a county of this state.................... 200
For an index of divorce certificates provided on
microfiche to a person other than a county recorder of a county in this state ....................................................................... $100

For an index of divorce certificates provided on microfiche to
a person other than a county recorder of a county in this state.................... $100

2. The fee collected for furnishing a
copy of a certificate of birth or death must include the sum of [$2]$3 for
credit to the childrens trust account.

3. Upon the request of any parent or
guardian, the state registrar shall supply, without the
payment of a fee, a certificate limited to a statement as to the date of
birth of any child as disclosed by the record of such birth when the [same]certificate
is necessary for admission to school or for securing employment.

4. The United States Bureau of the Census
may obtain, without expense to the state, transcripts or certified copies of
births and deaths without payment of a fee.

440.175 1. Upon
request, the state registrar may furnish statistical data to any federal, state,
local or other public or private agency, upon such terms or conditions as may
be prescribed by the board.

2. No person
may prepare or issue any document which purports to be an original, certificate
copy , certified abstract or official copy of:

(a) A certificate of
birth, death or fetal death, except as authorized in this chapter or by the
board.

(b) A certificate of
marriage, except a county recorder or a person so required pursuant to NRS
122.120.

(c) A decree of
divorce or annulment of marriage, except a county clerk or the judge of a court
of record.

3. A person or
governmental organization which issues certified or official copies pursuant to
paragraph (a) of subsection 2 shall remit to the state registrar:

(a) For each
registration of a birth or death in its district, $2.

(b) For each copy
issued of a certificate of birth in its district, $5.

Sec. 4. This act becomes
effective on July 1, 1991.

________

κ1991
Statutes of Nevada, Page 850κ

CHAPTER 332, SB 101

Senate Bill No. 101Committee
on Judiciary

CHAPTER 332

AN ACT relating to the department of
prisons; authorizing the director of the department to use money in the fund
for destitute prisoners to pay stipends to destitute offenders; and providing
other matters properly relating thereto.

[Approved June 12, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 209.383 is
hereby amended to read as follows:

209.383 1. The director may
suspend or terminate operations and obligations or renegotiate the terms of any
contract concerning the sale or donation by offenders of blood or blood plasma.
Before suspending or terminating operations and obligations or renegotiating
the terms of an agreement pursuant to this subsection, the director must obtain
the approval of:

(a) The legislature, by concurrent resolution,
when the legislature is in regular or special session; or

(b) The interim finance committee, when the
legislature is not in regular or special session.

2. A contract concerning the sale or
donation by offenders of blood or blood plasma entered into or renegotiated by
the director must:

(a) Have a definite term; and

(b) Be subject to an absolute right on the part
of the director to suspend or terminate operations and obligations or
renegotiate the terms of the contract. The director must consider the expenses
of administration and the profits to be derived by the state before entering
into or renegotiating a contract pursuant to this subsection.

3. All revenue from a program for the
sale by offenders of blood or blood plasma in excess of the cost of the program
must be placed in the fund for destitute prisoners which is hereby created. The
interest and income earned on money in the fund, after deducting any applicable
charges, must be credited to the fund. Money in the fund may only be withdrawn
by [act of the legislature.]:

(a) The director to pay
monthly stipends to destitute offenders;

(b) The legislature, by
concurrent resolution, when the legislature is in regular or special session;
and

(c) The interim finance
committee, when the legislature is not in regular or special session.

Sec. 2. This act becomes
effective on July 1, 1991.

________

κ1991
Statutes of Nevada, Page 851κ

CHAPTER 333, SB 317

Senate Bill No.
317Committee on Finance

CHAPTER 333

AN ACT making a supplemental appropriation
to the state department of conservation and natural resources for anticipated
increases in expenses; and providing other matters properly relating thereto.

[Approved June 12, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. 1. There
is hereby appropriated from the state general fund to the state department of
conservation and natural resources the sum of $321,737 to be allocated as
follows:

(a) For additional utility costs for the
division of state parks to operate state park facilities the sum of $51,997;

(b) For an anticipated shortfall from the
federal land and water conservation fund which is used to support planning and
development of state parks the sum of $202,755;

(c) For increased expenses of operating the
forestry honor camps because of increases in the inmate population the sum of
$66,546; and

(d) For increased expenses relating to personnel
in park administration to address a stale claim for retroactive pay caused by a
reclassification the sum of $439.

2. The appropriation made by subsection 1
is supplemental to that made by section 37 of chapter 611, Statutes of Nevada
1989, at page 1354.

AN ACT relating to watercraft; authorizing
a peace officer to take corrective action against a person who is operating a
vessel in an unsafe condition; prohibiting the reckless operation of personal
watercraft; prohibiting the operation of certain vessels by a person under a
certain age; requiring the display of a divers flag under certain
circumstances; increasing the safety requirements for operating vessels towing
persons; clarifying the prohibition against obstructing a passageway ordinarily
used by other vessels; providing penalties; and providing other matters
properly relating thereto.

[Approved June 13, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 488 of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 4,
inclusive, of this act.

Sec. 2. 1. A game warden, sheriff or other peace officer
of this state or any of its political subdivisions who observes a vessel being
operated in an unsafe condition may direct the operator of the vessel to take
immediate steps to correct the condition. If the condition cannot be corrected
immediately and constitutes an immediate risk of bodily injury or damage to
property, the peace officer may order the operator to remove the vessel to port
or the nearest safe moorage.

2. For the
purposes of this section, a vessel is being operated in an unsafe condition if
it:

(d) Within a zone closer
than 5 lengths of the longest vessel, maneuvers quickly, turns sharply or
swerves, unless the maneuver is necessary to avoid collision.

3. As used in this
section, personal watercraft means a class A motorboat which:

(a) Is less than 13 feet
in length;

(b) Is designed to be
operated by a person sitting, standing or kneeling on, rather than in, the
motorboat;

(c) Is capable of
performing sharp terms or quick maneuvers; and

(d) Has a motor that
exceeds 10 horsepower.

Sec. 4. 1. A person shall display a divers flag when
diving or swimming below the waters surface with the aid of a breathing
device. The divers flag must be:

(a) At least 12 inches in
height by 12 inches in width with a red background and a white diagonal stripe
that is one-fifth the width of the flag;

(b) Attached to a float,
buoy or boat which is visible to approaching vessels and which, between sunset
and sunrise, has a light attached; and

(c) Prominently displayed
within 100 feet of the location of the diver or swimmer.

2. A person shall
not display a divers flag on the waters of this state unless he is diving or
swimming below the waters surface with the aid of a breathing device, in the
vicinity of the divers flag.

3. A person shall
not operate a vessel within 200 feet of a divers flag unless the vessel is
operated at a speed that leaves a flat wake, but in no case may the vessel be
operated at a speed greater than 5 nautical miles per hour.

Sec. 5. NRS 488.035 is
hereby amended to read as follows:

488.035 As used in this chapter, unless
the context otherwise requires:

1. Commission means the board of
wildlife commissioners.

2. Flat wake
means the condition of the water close astern a moving vessel that results in a
flat wave disturbance.

3. Legal
owner means a secured party under a security agreement relating to a vessel or
a renter or lessor of a vessel to the state or any political subdivision of the
state under a lease or an agreement to lease and sell or to rent and purchase
which grants possession of the vessel to the lessee for a period of 30
consecutive days or more.

[3.]4. Motorboat means any vessel propelled
by machinery, whether or not the machinery is the principal source of
propulsion, but does not include a vessel which has a valid marine document
issued by the Bureau of Customs of the United States Government or any federal
agency successor thereto.

[4.]5. Operate means to navigate or
otherwise use a motorboat or a vessel.

[5.]6. Owner means:

(a) A person having all the incidents of
ownership, including the legal title of a vessel, whether or not he lends,
rents or pledges the vessel; and

(b) A debtor under a security agreement relating
to a vessel.

Owner does not include a person defined as a legal owner
under subsection 2.

[6.]7. Registered owner means the person
registered by the commission as the owner of a vessel.

[7.]8. Vessel means every description of
watercraft, other than a seaplane on the water, used or capable of being used
as a means of transportation on water.

[8.]9. Waters of this state means any waters
within the territorial limits of this state.

Sec. 6. NRS 488.187 is
hereby amended to read as follows:

488.187 1. Every motorboat
in all weathers from sunset to sunrise, as established by the Nautical Almanac
Office, United States Naval Observatory, Washington, D.C., must carry and
exhibit the following lights when underway, and during that time other lights
which may be mistaken for those prescribed must not be exhibited:

(a) Every motorboat of classes A and 1 must
carry the following lights:

(1) A bright white light aft to show all
around the horizon.

(2) A combined lantern in the forepart of
the vessel and lower than the white light aft, showing green to starboard and
red to port, so fixed as to throw the light from right ahead to 2 points abaft
the beam on their respective sides.

(b) Every motorboat of classes 2 and 3 must
carry the following lights:

(1) A bright white light in the forepart
of the vessel as near the stem as practicable, so constructed as to show an
unbroken light over an arc of the horizon of 20 points of the compass, so fixed
as to throw the light 10 points on each side of the vessel , [; namely,]
from right ahead to 2 points abaft the beam on either side.

(2) A bright white light aft to show 12
points.

(3) On the starboard side a green light
so constructed as to show an unbroken light over an arc of the horizon of 10
points of the compass, so fixed as to throw the light from right ahead to 2
points abaft the beam on the starboard side. On the port side a red light so
constructed as to show an unbroken light over an arc of the horizon of 10
points of the compass, so fixed as to throw the light from right ahead to 2
points abaft the beam on the port side. The side lights must be fitted with
inboard screens of sufficient height so set as to prevent these lights from
being seen across the bow.

(c) Vessels of classes A and 1 when propelled by
sail alone must carry the combined lantern in the forepart of the vessel and a
white 12-point stern light. Vessels of classes 2 and 3, when so propelled, must
carry the colored side lights, fitted so as to prevent these lights from being
seen across the bow and a white 12-point stern light.

2. Every white light prescribed by this
section must be visible at a distance of at least 2 miles. Every colored light
prescribed by this section must be visible at a distance of at least 1 mile. [The word visible in this subsection, when applied to
lights,]As used in this subsection, visible
means visible on a dark night with clear atmosphere.

3. When propelled by sail and machinery a
vessel must carry the lights required by this section for a motorboat propelled
by machinery only.

4. Manually propelled vessels of classes
A and 1 must have ready at hand an electric torch or lighted lantern showing a
white light which must be exhibited in sufficient time to prevent a collision.

5. Any vessel may carry and exhibit the
lights required by the Inland Navigational Rules ,
34 U.S.C. §§ 2001 et seq., in lieu of the lights required by this section.

6. Every vessel,
whether propelled by sail or machinery, when anchored or moored between sunset
and sunrise where other vessels may navigate must display a white light clearly
visible in all directions.

7. Except as
otherwise provided in this subsection, it is unlawful for a person to display a
flashing blue light or a flashing red light on a vessel operating on the waters
of this state. A vessel of the United States, the state or its political
subdivisions or a bordering state under interstate compact may display a
flashing blue light when operated by a peace officer engaged in law enforcement
activities. A peace officer shall seize, or cause to be seized, a flashing red
or blue light installed or operated in violation of this subsection.

Sec. 7. NRS 488.193 is
hereby amended to read as follows:

488.193 1. Except for a
contrivance, propelled by a sail, whose occupant must stand erect, every vessel
must carry at least one [life preserver, life
belt, ring buoy, buoyant vest or buoyant cushion]personal flotation device of a type approved by the
United States Coast Guard [or other device of the
sort]and prescribed by the
regulations of the commission for each person on board and any person in a
vessel being towed, so placed as to be readily accessible [.]for use in an
emergency. Every vessel carrying passengers for hire must carry so
placed as to be readily accessible for use in an
emergency at least one [life preserver]personal flotation device of the sort prescribed
by the regulations of the commission for each person on board.

2. Every motorboat must be provided with
such number, size and type of fire extinguishers, capable of promptly and
effectually extinguishing burning gasoline, as may be prescribed by the
regulations of the commission. The fire extinguishers must be of a marine type
which has been approved by the United States Coast Guard and kept in condition
for immediate and effective use and so placed as to be readily accessible.

3. Every motorboat must have the
carburetor of every engine therein, except outboard motors, using gasoline as
fuel, equipped with such efficient flame arrestor, backfire trap or other
similar device as may be prescribed by the regulations of the commission.

4. Every motorboat and every vessel,
except open boats, using as fuel any liquid of a volatile nature, must be
provided with such means as may be prescribed by the regulations of the
commission for property and efficiently ventilating the bilges of the engine
and compartments for tanks of fuel to remove any explosive or flammable gases.

5. The commission may adopt regulations
modifying the requirements for equipment contained in this section to the
extent necessary to keep these requirements in conformity with the provisions
of the Federal Navigation Laws or with the rules for navigation adopted by the
United States Coast Guard.

Sec. 8. NRS 488.198 is
hereby amended to read as follows:

488.198 1. Every motorboat
of class 1, 2 or 3 [shall be provided]must be equipped with an efficient whistle or
other [sound-producing] mechanical
appliance [.]that produces sound.

2. Every motorboat of class 2 or 3 [shall be provided]must be equipped with an efficient bell.

3. The provisions of this section do not
apply to motorboats while competing in any race conducted pursuant to NRS
488.305 or, if the boats are designed and intended solely for racing, while
engaged in navigation incidental to the tuning up of the boats and engines for
a race.

Sec. 9. NRS 488.235 is
hereby amended to read as follows:

488.235 1. A person shall
not operate a vessel on any waters of this state [for]
towing a person on water skis [or a surfboard or
similar device], a surfboard, an
inflatable device or any similar device unless the operator:

(a) Is a least 14 years
of age; or

(b) Is a least 12 years
of age, if a passenger in the vessel is a person who is 21 years of age or
older and is in a position to supervise the operator.

2. A person shall
not operate a vessel on any waters of this state towing a person on water skis,
a surfboard, an inflatable device or any similar device unless there is
in the vessel a person, in addition to the operator, who
is in a position to observe [the progress
of] the person being towed [.]and is:

(a) At least 12 years of
age; or

(b) At least 10 years of
age, if another passenger in the vessel is a person who is 21 years of age or
older.

The observer shall continuously
observe the person being towed and shall immediately display so as to be
visible from every direction, an international orange flag of at least 12
inches in height by 12 inches in width when the person being towed is getting
ready to be towed and has a rope or line extended to him, or ceases to be towed
and is in the water awaiting pickup by the vessel.

3. When within 100
feet of the person in the water, every vessel, other than the vessel towing
him, must be operated at a speed that leaves a flat wake, but in no case may it
be operated at a speed greater than 5 nautical miles per hour.

4. A person
shall not operate a vessel on any waters of this state towing a person on water
skis, a surfboard or similar device, or engage in water skiing, surfboarding or
similar activity from sunset to sunrise, as established by the Nautical Almanac
Office, United States Naval Observatory, Washington, D.C.

[3.]5. The provisions [of
subsections 1 and 2] of this section do not apply to a performer
engaged in a professional exhibition or a person engaged in an activity
authorized under NRS 488.305.

Sec. 10. NRS 488.265 is
hereby amended to read as follows:

488.265 [A]1. Except as otherwise provided in
subsection 2, a person shall not anchor or moor a
vessel in such a position as to obstruct a passageway ordinarily used by other
vessels. As used in this subsection, a passageway
ordinarily used by other vessels includes:

(a) A river channel or
the entrance to a harbor or marina; and

(b) That area within a
100-yard radius of a boat ramp built and maintained with public money.

2. A person may
anchor or moor a vessel in an area designated for that purpose by the
commission and marked at the corners with yellow can buoys. The buoys must emit
a flashing yellow light from sunset to sunrise.

AN ACT relating to water pollution;
prohibiting certain acts that would cause a pollutant to be carried into the
waters of the state; providing for the regulation of hazardous substances in
certain counties; and providing other matters properly relating thereto.

[Approved June 13, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 445.221 is
hereby amended to read as follows:

445.221 Except as authorized by a permit
issued by the department [under]pursuant to the provisions of NRS 445.131 to 445.354,
inclusive, and regulations adopted by the commission, it is unlawful for any
person to:

1. Discharge from any point source any
pollutant into any waters of the state or any treatment works . [; or]

2. Inject fluids through a well into any
waters of the state.

3. Discharge from
a point source a pollutant or inject fluids through a well that could be
carried into the waters of the state by any means.

4. Allow a
pollutant discharged from a point source or fluids injected through a well to
remain in a place where the pollutant or fluids could be carried into the
waters of the state by any means.

Sec. 2. Chapter 459 of NRS
is hereby amended by adding thereto the provisions set forth as sections 3 and
4 of this act.

Sec. 4. 1. The provisions of NRS 459.560 and 459.565 that
concern hazardous substances do not apply:

(a) In a county whose
population is less than 40,000;

(b) To mining or
agricultural activities; or

(c) To other facilities
or locations where the quantity of any one hazardous substance at any one
facility or location does not exceed 1,000 kilograms at any time.

2. All other
provisions of NRS 459.560 and 459.565, including the provisions concerning
hazardous waste, apply to all counties and all industries without regard to
volume.

Sec. 5. NRS 459.405 is
hereby amended to read as follows:

459.405 As used in NRS 459.400 to
459.600, inclusive, and sections 3 and 4 of this act, unless
the context otherwise requires, the words and terms defined
in NRS 459.410 to 459.455, inclusive, and section 3 of this act, have the
meanings ascribed to them in those sections.

defined in NRS 459.410 to 459.455, inclusive, and section 3 of this act, have the meanings ascribed
to them in those sections.

Sec. 6. NRS 459.560 is hereby
amended to read as follows:

459.560 Any authorized representative or
employee of the commission or the department may, for the purpose of carrying
out his duties pursuant to NRS 459.400 to 459.600, inclusive, or to enforce a
regulation adopted pursuant to those sections:

1. Enter any place where waste or a substance which the department has reason to
believe may he hazardous waste or a hazardous substance is
or may have been generated, stored, transported, treated, disposed of or
otherwise handled;

2. Inspect and obtain samples of any
waste or substance which the department has
reason to believe may be hazardous [,]waste or a hazardous substance, including samples
from any vehicle in which waste or substance is
being transported, and samples of containers and labels; and

459.565 1. If
the department receives information that the handling, storage, transportation,
treatment or disposal of any waste or hazardous
substance may present an imminent and substantial hazard to human
health, public safety or the environment, it may:

[1.](a) Issue an order directing the owner or
operator of the facility for treatment, storage or disposal of the waste or the owner or operator of any site where the treatment, storage
or disposal of a hazardous substance has occurred or may occur or any other
person who has custody of the waste or hazardous
substance to take necessary steps to prevent the act or eliminate the
practice which constitutes the hazard.

[2. Request
that the attorney general commence an action to enjoin the practices or acts
which constitute the hazard.

3. Take any other
action designed to reduce or eliminate the hazard.]

(b) Order a site
assessment to be conducted and a remediation plan to be developed pursuant to
regulations adopted by the commission.

(c) Assess costs and
expenses incurred by the department in carrying out the provisions of this
section or in removing, correcting or terminating any hazard to human health,
public safety or the environment pursuant to regulations adopted by the
commission.

(d) Request that the
attorney general commence an action to enjoin the practices or acts which
constitute the hazard.

(e) Take any other action
designed to reduce or eliminate the hazard.

2. The department
may perform inspections pursuant to NRS 459.560 and issue an order directing the
owner or operator of the facility for treatment, storage or disposal of waste
or the owner or operator of any site where the treatment, storage or disposal
of a hazardous substances has occurred or may occur or any other person who has
custody of the waste or hazardous substance to take any necessary steps to
prevent any act or eliminate any practice or
effect which could constitute a hazard to human health, public safety or the
environment.

or effect which could constitute a
hazard to human health, public safety or the environment.

________

CHAPTER 336, SB 123

Senate Bill No.
123Senators Smith, Getto and Jacobsen

CHAPTER 336

AN ACT relating to water; removing the
requirement of reciprocity for its interstate transfer; establishing
requirements for the approval of an application for an interstate transfer; and
providing other matters properly relating thereto.

[Approved June 13, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 533.325 is
hereby amended to read as follows:

533.325 Any [corporation
authorized to do business in this state, or any person, as defined in NRS
533.010, or any citizen of the United States, or any person who has legally
declared his intention to become a citizen of the United States, over the age
of 21 years, desiring]person who wishes to
appropriate any of the public waters, or to change the place of diversion,
manner of use or place of use of water already appropriated, shall, before
performing any work in connection with such appropriation, change in place of
diversion or change in manner or place of use, [make
an application]apply to the state
engineer for a permit to [make the same.]do so.

Sec. 2. NRS 533.515 is
hereby amended to read as follows:

533.515 1. No permit for the
appropriation of water [shall]or application to change the point of diversion under an
existing water right may be denied because of the fact that the point of
diversion described in the application for [such]the permit, or any portion of the works in [such]the application
described and to be constructed for the purpose of storing, conserving,
diverting or distributing [such water, or because
the place of intended use, or the lands to be irrigated by such water, or any
part thereof, may be]the water are situated
in any other state ; [,
when such state authorizes the diversion of water from such state for use in
Nevada;] but in all such cases where [either
the point of diversion or any of such works or] the place of
intended use, or the lands, or part of the lands to be irrigated by means of [such] the water,
are situated within [the State of Nevada,]this state, the permit [shall
issue]must be issued as in other
cases [.],
pursuant to the provisions of NRS 533.325 to 533.450, inclusive, and chapter
534 of NRS.

2. The permit [shall]must not purport to authorize the doing or
refraining from any act or thing, in connection with the system of
appropriation, not properly within the scope of the jurisdiction of [the State of Nevada,]this state and the state engineer [thereof,] to grant.

Sec. 3. NRS 533.520 is
hereby amended to read as follows:

533.520 1. [It is hereby declared to be contrary to the economic
welfare and against the public policy of the State of Nevada to change the
place of use or transfer, or to permit a change of
the place of use or transfer, of water or water rights for use beyond the
borders of the State of Nevada, as to any water appropriated and beneficially
used in the State of Nevada for irrigation or other purposes prior to or after
March 23, 1951, and no permit or authorization shall be issued or given for such
change of use or transfer.

or transfer, or to permit a change of
the place of use or transfer, of water or water rights for use beyond the borders
of the State of Nevada, as to any water appropriated and beneficially used in
the State of Nevada for irrigation or other purposes prior to or after March
23, 1951, and no permit or authorization shall be issued or given for such
change of use or transfer.

2. This section
shall not apply to nor is it intended to affect waters or water rights as to
such waters as shall have been prior to March 23, 1951, and which now are
diverted in Nevada and which were prior to March 23, 1951, and now are used for
domestic or industrial purposes beyond the borders of the State of Nevada.]Any person who files an application for a permit to
appropriate water from above or beneath the surface of the ground for use
outside this state, or to change the point of diversion under an existing water
right which has a place of use outside of this state, or to change the place of
use of water from a location in this state to a location outside this state
under an existing right, must file an application with the state engineer for a
permit to do so pursuant to provisions of NRS 533.325 to 533.450, inclusive,
and chapter 534 of NRS.

2. The state
engineer may approve such an application if he determines that the applicants
use of the water outside this state complies with the requirements of NRS
533.325 to 533.450, inclusive, and those provisions of chapter 534 of NRS
pertaining to the appropriation of water. In making his determination, the
state engineer shall consider:

(a) The supply of water
available in this state;

(b) The current and
reasonable anticipated demands for water in this state;

(c) The current or
reasonable anticipated shortages of water in this state;

(d) Whether the water
that is the subject of the application could feasibly be used to alleviate
current or reasonably anticipated shortages of water in this state;

(e) The supply and
sources of water available to the applicant in the state in which the applicant
intends to use the water;

(f) The demands placed on
the applicants supply of water in the state in which he intends to use the
water; and

(g) Whether the request
in the application is reasonable, taking into consideration the factors set
forth in paragraphs (a) to (f), inclusive.

3. The state
engineer may, as a condition to the approval of such an application, require
the applicant to file a certificate from the appropriate official in the state
in which the water is to be used, indicating to the satisfaction of the state
engineer that the intended use of the water would be beneficial and that the
appropriation is feasible.

4. A person who is
granted a permit pursuant to this section shall comply with the laws and
regulations of this state governing the appropriation and use of water, as
amended from time to time, and any change in the point of diversion, manner of
use or place of use of water under a permit issued pursuant to this section is
subject to the requirements of this section.

5. The state
engineer may, as a condition of the approval of any permit granted pursuant to
this section, require that the use of water in another state be subject to the
same regulations and restrictions that may be imposed upon the use of water in
this state.

6. Upon submittal
of an application under this section, the applicant and, if the applicant is a
natural person, his personal representative, are subject to the jurisdiction of
the courts of this state and to service of process as provided in NRS 14.065.

Sec. 4. NRS 533.522 is
hereby repealed.

________

CHAPTER 337, SB 393

Senate Bill No.
393Committee on Commerce and Labor

CHAPTER 337

AN ACT relating to insurance; providing
that a certificate of authority to transact insurance is not required of
certain alien or foreign insurers with respect to specified transactions; and
providing other matters properly relating thereto.

[Approved June 13, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 680A.070 is
hereby amended to read as follows:

680A.070 A certificate of authority is
not required of an insurer with respect to any of the following:

1. Investigation, settlement or
litigation of claims under its policies lawfully written in this state, or
liquidation of assets and liabilities of the insurer, other than collection of
new premiums, all as resulting from its former authorized operations in this
state.

2. Except as provided in subsection 2 of
NRS 680A.060, transactions thereunder after issuance of a policy covering only
subjects of insurance that are not resident, located or expressly to be
performed in this state at the time of issuance, and lawfully solicited, written
and delivered outside this state.

3. Prosecution or defense of suits at
law, except that no insurer unlawfully transacting insurance in this state
without a certificate of authority may institute or maintain, other than
defend, any action at law or in equity in any court of this state, either
directly or through an assignee or successor in interest, to enforce any right,
claim or demand arising out of such an insurance transaction until the insurer,
assignee or successor has obtained a certificate of authority. This provision
does not apply to any suit or action by the receiver, rehabilitator or
liquidator of such an insurer, assignee or successor under laws similar to
those contained in chapter 696B of NRS.

5. A suit, action or proceeding for the
enforcement or defense of its rights relative to its investments in this state.

6. Reinsurance, except as to a domestic
reinsurer or the reinsurance of a domestic insurer, unless the reinsurance is
authorized pursuant to subsection 1 of NRS 681A.110.

7. Transactions in this state involving
group life insurance, group health or blanket health insurance, or group
annuities where the master policy or contract of such
groups was lawfully solicited, issued and delivered pursuant to the laws of a
state in which the insurer was authorized to transact insurance, to a group
organized for purposes other than the procurement of insurance or to a group
approved pursuant to NRS 688B.030 or 689B.026, and where the policyholder is
domiciled or otherwise has a bona fide situs.

contract of such groups was lawfully solicited, issued and
delivered pursuant to the laws of a state in which the insurer was authorized
to transact insurance, to a group organized for purposes other than the
procurement of insurance or to a group approved pursuant to NRS 688B.030 or
689B.026, and where the policyholder is domiciled or otherwise has a bona fide
situs.

8. The issuance of annuities by an
affiliate of an authorized insurer if the affiliate:

(a) Is approved by the commissioner;

(b) Is organized as a nonprofit educational
corporation;

(c) Issues annuities only to nonprofit
institutions of education and research; and

(d) Reports and pays any premium tax on the
annuities required pursuant to chapter 680B of NRS.

9. Transactions
involving the procurement of excess liability insurance above underlying
liability coverage or self-insured retention of at least $25,000,000, if
procured from an unauthorized alien or foreign insurer who does not solicit,
negotiate or enter into such transactions in this state by any means, and if
procured by a person:

(a) Whose total annual
premiums for property and casualty insurance is $1,000,000 or more; and

(b) Who employs 250 or
more full-time employees.

A person who procures insurance in
accordance with this subsection shall report and pay any premium tax on the
insurance required pursuant to NRS 680B.040.

Sec. 2. NRS 680B.040 is
hereby amended to read as follows:

680B.040 1. Every insured in
this state who procures or causes to be procured or continues or renews insurance
in an unauthorized alien or foreign insurer, or any self-insurer in this state
who so procures or continues excess loss, catastrophe or other insurance, upon
a subject of insurance resident, located or to be performed within this state,
other than insurance procured through a surplus line broker pursuant to chapter
685A of NRS or exempted from that chapter, shall within 30 days after the date
such insurance was so procured, continued or renewed, file a written report
with the commissioner on forms prescribed by the commissioner and furnished to
such an insured upon request. The report must show:

(a) The name and address of the insured or
insureds.

(b) The name and address of the insurer.

(c) The subject of the insurance.

(d) A general description of the coverage.

(e) The premium currently charged therefor.

(f) Such additional pertinent information as is
reasonably requested by the commissioner.

If any such insurance covers also a subject of insurance
resident, located or to be performed outside of this state, for the purposes of
this section a proper pro rata portion of the entire premium payable for all
such insurance must be allocated as to the subjects of insurance resident,
located or to be performed in this state.

2. Any insurance in an unauthorized
insurer procured through negotiations or an application in whole or in part
occurring or made within or from within this state, or
for which premiums in whole or in part are remitted directly or indirectly from
within this state, shall be deemed to be insurance procured or continued or
renewed in this state within the intent of subsection 1.

this state, or for which premiums in whole or in part are
remitted directly or indirectly from within this state, shall be deemed to be
insurance procured or continued or renewed in this state within the intent of
subsection 1.

3. For the general support of the government
of this state there is levied upon the obligation, chose in action or right
represented by the premium charged or payable for such insurance a tax at the
rate prescribed in NRS 680B.027. The insured shall withhold the amount of the
tax from the amount of premium charged by and otherwise payable to the insurer
for such insurance, and within 30 days after the insurance was so procured,
continued or renewed, and coincidentally with the filing with the commissioner
of the report provided for in subsection 1, the insured shall pay the amount of
the tax to the state treasurer through the commissioner.

4. If the insured fails to withhold from
the premium the amount of tax levied in this section, the insured is liable for
the amount of the tax and shall pay it to the commissioner within the time
stated in subsection 3.

5. The tax imposed by this section, if
delinquent, bears interest at the rate of 10 percent per annum, compounded
annually.

6. The tax is collectible from the
insured by civil action brought by the commissioner, and by the seizure,
distraint and sale of any property of the insured situated in this state.

7. This section does not abrogate or
modify any other provision of this code.

8. This section does not apply to life or
disability insurances.

9. The provisions
of this section do not prohibit the procurement of insurance from an
unauthorized alien or foreign insurer by a person in accordance with the
requirements of subsection 9 of NRS 680A.070.

________

CHAPTER 338, SB 443

Senate Bill No.
443Committee on Commerce and Labor

CHAPTER 338

AN ACT relating to the Nevada Life and
Health Insurance Guaranty Association; limiting its liability in certain
respects; providing for substitute coverage in certain cases of impairment or
insolvency; and providing other matters properly relating thereto.

[Approved June 13, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 686C of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 to 19,
inclusive, of this act.

Sec. 2. Account means one of the accounts maintained pursuant to NRS
686C.130.

Sec. 3. Domiciliary state has the meaning ascribed to it in NRS
696B.070.

Sec. 4. Insolvent insurer means an insurer which is ordered to
liquidate by a court of competent jurisdiction after a finding of insolvency.

Sec. 5. Supplemental contract means an agreement for the
distribution of proceeds from a contract or policy.

Sec. 6. 1. This chapter does not provide coverage for:

(a) Any portion of a
policy or contract not guaranteed by the insurer, or under which the risk is
borne by the policyholder.

(b) Any policy or
contract of reinsurance unless assumption certificates have been issued.

(c) Any portion of a
policy or contract to the extent that the rate of interest on which it is
based:

(1) When averaged
over the 4 years before the date that the association becomes obligated with
respect to the policy or contract, or averaged for the period since the policy
or contract was issued if it was issued less than 4 years before the
association became obligated, exceeds the rate of interest determined by
subtracting 2 percentage points from Moodys Corporate Bond Yield Average
averaged for the same period; and

(2) On or after
the date on which the association becomes obligated with respect to the policy
or contract, exceeds the rate of interest determined by subtracting 3
percentage points from the most recent Moodys Corporate Bond Yield Average.

(d) Any plan or program
of an employer, association or similar entity to provide life or health
benefits or annuities to its employees or members to the extent that the plan
or program is self-funded or uninsured, including, but not limited to, benefits
payable by an employer, association or similar entity under:

(e) Any portion of a
policy or contract to the extent that it provides dividends, credits for experience,
or payment to any person, including the policyholder, for services or
administration connected with the policy or contract.

(f) Any policy or
contract issued in this state by a member insurer at a time when the member
insurer was not authorized to issue the policy or contract.

(g) Any certificate for
an annuity or group annuity which is not issued to or owned by a natural
person, except to the extent of any annuity guaranteed to a natural person by
an insurer under the contract or certificate except that annuities issued in
connection with and for the purpose of funding structured settlements of
liability are covered policies.

2. As used in this
section, Moodys Corporate Bond Yield Average means the monthly average for
corporate bonds published by Moodys Investors Service, Inc., or any successor
average.

Sec. 7. 1. If a member insurer, whether domestic, foreign
or alien, is an impaired insurer and is not making timely payment of claims,
and if the conditions set forth in subsections 2 and 3 are both satisfied, the
association shall:

(a) Take any of the
actions set forth in NRS 686C.150, subject to the conditions in that section;
or

(b) Provide substitute
benefits in lieu of the contractual obligations of the impaired insurer solely
for claims against health insurance, periodic payments for annuities, death
benefits, supplemental benefits, and cash withdrawals for owners of policies or
contracts who petition on the grounds of emergency or hardship and satisfy the
standards for a successful petition that are proposed by the association and
approved by the commissioner.

2. The laws of the
impaired insurers state of domicile must require that until all payments made
on behalf of the impaired insurer by all guaranty associations, including all
expenses and interest, have been repaid to the guaranty associations or a plan
of repayment by the impaired insurer has been approved by the guaranty
associations:

(a) The delinquency
proceeding must not be dismissed;

(b) Control of the
impaired insurer or its assets must not be returned to its shareholders or
private management; and

(c) The impaired insurer
must not be permitted to solicit or accept new business or have any suspended
or revoked license restored.

3. The impaired
insurer must be a domestic insurer that has been placed under an order of
rehabilitation by a court of competent jurisdiction in this state, or if the
impaired insurer is a foreign or alien insurer:

(a) It must have been
prohibited from soliciting or accepting new business in this state;

(b) Its certificate of
authority must have been suspended or revoked in this state, and

(c) The regulatory
authority of its state or county must have filed a petition for rehabilitation
or liquidation in a court of competent jurisdiction in its state or country of
domicile.

Sec. 8. If a member insurer is an insolvent insurer, the association
shall:

1. Guarantee,
assume or reinsure, or cause to be guaranteed, assumed or reinsured, the
policies or contracts of the insolvent insurer; or

2. Ensure payment
of the contractual obligations of the insolvent insurer and:

(a) Provide such money,
pledges, guarantees or other means as are reasonably necessary to discharge
such duties; or

(b) With respect only to
life and health insurance policies, provide benefits and coverages in
accordance with sections 9 and 10 of this act.

Sec. 9. When proceeding pursuant to paragraph (b) of subsection 1 of
section 7 of this act or paragraph (b) of subsection 2 of section 8 of this
act, the association shall, with respect to life and health insurance policies
only:

1. Ensure payment
of benefits for premiums identical to the premiums and benefits, except for
terms of conversion and renewability, which would have been payable under
policies of the insolvent insurer, for claims incurred with respect to:

(a) A group policy not
later than the earlier of the next renewal date under the policy or contract or
45 days, but in no event less than 30 days, after the date when the association
becomes obligated with respect to that policy.

(b) An individual policy,
not later than the earlier of the next renewal date, if any, under the policy
or 1 year, but in no event less than 30 days, after the date when the
association becomes obligated with respect to that policy.

2. Make diligent
efforts to provide all known insureds or policyholders with respect to group
policies 30 days notice of termination of the benefits provided.

3. Make available
substitute coverage on an individual basis, in accordance with the provisions
of subsection 4, to each known insured under an individual policy, or owner if
other than the insured, and to each natural person formerly insured under a
group policy who is not eligible for replacement group coverage, if the insured
had a right under law to convert coverage under the terminated policy to
individual coverage or to continue an individual policy in force until a
specified age or for a specified period, during which the insurer had no right
unilaterally to make changes in any provision of the policy or had a right only
to make changes in premium by class.

4. In providing
the substitute coverage required under subsection 3, the association may offer
to reissue the terminated coverage or to issue an alternative policy that must
be offered without requiring evidence of insurability or a waiting period or
exclusion that would not have applied under the terminated policy, and may
reinsure any alternative or reinsured policy.

Sec. 10. 1. Alternative policies adopted by the
association are subject to the approval of the commissioner. The association
may adopt alternative policies of various types for future insurance without
regard to any particular impairment or insolvency.

2. An alternative
policy must contain at least the minimum statutory provisions required in this
state and provide benefits that are not unreasonable in relation to the premium
charged. The association shall set the premium in accordance with a table of
rates which it shall adopt. The premium must reflect the amount of insurance to
be provided and the age and class of risk of each insured, but must not reflect
any changes in the health of the insured after the original policy was last
underwritten.

3. An alternative
policy issued by the association must provide coverage of a type similar to
that of the policy issued by the impaired or insolvent insurer, as determined
by the association.

4. If the
association elects to reissue terminated coverage at a rate of premium
different from that charged under the terminated policy, the premium must be
set by the association is accordance with the amount of insurance provided and
the age and class of risk, subject to approval by the commissioner or by a
court of competent jurisdiction.

Sec. 11. When proceeding pursuant to paragraph (b) of subsection 1 of
section 7 of this act or paragraph (b) of subsection 2 of section 8 of this act
with respect to any policy or contract carrying guaranteed minimum interest
rates, the association shall ensure the payment or crediting of a rate of
interest consistent with paragraph (c) of subsection 1 of section 6 of this
act.

Sec. 12. The associations obligations with respect to coverage under
any policy of the impaired or insolvent insurer or under any reissued or alternative
policy ceases on the date the coverage or policy is replaced by another similar
policy by the policyholder, the insured or the association.

Sec. 13. Failure to pay premiums within 31 days after the date required
pursuant to the terms of any guaranteed, assumed, alternative or reissued policy or contract or substitute coverage terminates the
associations obligations under the policy, contract or coverage, except with
respect to any claims incurred or any net cash surrender value which may be due
in accordance with the provisions of this chapter.

policy or contract or substitute
coverage terminates the associations obligations under the policy, contract or
coverage, except with respect to any claims incurred or any net cash surrender
value which may be due in accordance with the provisions of this chapter.

Sec. 14. Premiums due for coverage after entry of an order of
liquidation of an insolvent insurer belong to and are payable at the direction
of the association, and the association is liable for unearned premiums due to
policy or contract owners arising after the entry of the order.

Sec. 15. If the association fails to act within a reasonable time to
carry out its duties pursuant to NRS 686B.150 and sections 7 to 11, inclusive,
of this act, the commissioner may exercise the powers of the association under
this chapter with respect to the insurer involved.

Sec. 16. 1. The commissioner shall notify the
commissioners of insurance of all the other states, the territories of the
United States, and the District of Columbia when he takes any of the following
actions against a member insurer:

(a) Revokes a member
insurers license;

(b) Suspends a member
insurers license; or

(c) Makes any formal
order that a member insurer is to restrict its premium writing, obtain
additional contributions to surplus, withdraw from the state, reinsure all or
any part of its business, or increase capital, surplus, or any other account
for the security of policyholders or creditors.

This notice must be mailed to all
commissioners with 30 days after the action is taken.

2. The
commissioner shall report to the board when he has taken any of the actions set
forth in subsection 1, or has received a report from any other commissioner
indicating that any such action has been taken in another state. The report to
the board must contain all significant details of the action taken or the report
received from another commissioner.

3. The
commissioner shall furnish to the board the ratios of the insurance regulatory
information system developed by the National Association of Insurance
Commissioners and reports of examinations and listings of companies not
included in those ratios, and the board may use the information contained
therein in carrying out its duties and responsibilities under this chapter.
Such reports and the information contained therein must be kept confidential by
the board until such time as made public by the commissioner or other lawful
authority.

4. The board
shall, at the conclusion of any insolvency of an insurer in which the
association was obligated to pay covered claims, prepare a report to the
commissioner containing such information as it may have in its possession
bearing on the history and causes of the insolvency. The board shall cooperate
with the boards of directors of guaranty associations in other states in
preparing a report on the history and causes of insolvency of a particular
insurer, and may adopt by reference any report prepared by one or more other
associations.

Sec. 17. An insurer which is the subject of a proceeding on account of
delinquency, whether summary or judicial, must not:

1. Be released
from that proceeding, unless the proceeding is converted into one for judicial
rehabilitation or liquidation;

2. Be permitted to
solicit or accept new business or request or accept the restoration of any
suspended or revoked license or certificate or authority;

3. Be returned to
the control of its stockholders or private management; or

4. Have any of its
assets returned to the control of its stockholders or private management,

until all payments of or on account
of the insurers contractual obligations by all guaranty associations, along
with all expenses thereof and interest on all such payments and expenses, have
been repaid to the guaranty associations or a plan of repayment by the insurer
has been approved by the guaranty associations.

Sec. 18. 1. If an order for liquidation or rehabilitation
of an insurer domiciled in this state has been entered, the receiver appointed
under such order is entitled to recover on behalf of the insurer, from any
affiliate that controlled it, the amount of distributions, other than stock
dividends paid by the insurer on its capital stock, made at any time during the
5 years preceding the petition for liquidation or rehabilitation, subject to
the limitations of subsections 2, 3 and 4.

2. No distribution
is recoverable if the insurer shows that when paid the distribution was lawful
and reasonable, and that the insurer did not know and could not reasonable have
known that the distribution might adversely affect the ability of the insurer
to fulfill its contractual obligations.

3. Any person who
as an affiliate that controlled the insurer at the time the distributions were paid
is liable up to the amount of distributions he received. Any person who was an
affiliate that controlled the insurer at the time the distributions were
declared, is liable up to the amount of distributions he would have received if
they had been paid immediately. If two or more persons are liable with respect
to the same distributions, they are jointly and severally liable.

4. The maximum
amount recoverable pursuant to this subsection is the amount needed in excess
of all other available assets of the impaired or insolvent insurer to pay the
contractual obligations of the impaired or insolvent insurer.

5. If any person
liable under subsection 3 is insolvent, all its affiliates that controlled it
at the time the dividend was paid are jointly and severally liable for any
resulting deficiency in the amount recovered from the insolvent affiliate.

Sec. 19. 1. The association shall prepare, and submit to
the commissioner for approval, a summary document describing the general
purposes, exclusions and limitations of this chapter. No insurer may deliver a
policy or contract described in NRS 686C.030 to an intended holder unless the
document is delivered to the intended holder before or at the time of delivery
of the policy or contract. The document must also be available upon request by
a policyholder. The distribution, delivery, contents or interpretation of this
document do not mean that the policy or the contract or the holder thereof
would be covered in the event of the impairment or insolvency of a member
insurer. The descriptive document must be revised by the association as
amendments to this chapter may require. Failure to receive this document does
not give the holder of a policy or contract, or an insured, any greater rights
than those stated in this chapter.

2. The document
prepared pursuant to subsection 1 must contain a clear and conspicuous
disclaimer on its face. The disclaimer must:

(a) State the name and
address of the association and of the division;

(b) Prominently warn the
policy or contract holder that the association may not cover the policy or, if
coverage is available, it will be subject to substantial limitations and
exclusions and conditioned on continued residence in this state;

(c) State that the
insurer and its agents are prohibited by law from using the existence of the
association for the purpose of sales, solicitation or inducement to purchase
any form of insurance;

(d) Emphasize that the
holder of a policy or contract should not rely on coverage under the
association when selecting an insurer; and

(e) Provide other
information as directed by the commissioner.

Sec. 20. NRS 686C.020 is
hereby amended to read as follows:

686C.020 The purpose of this chapter is
to protect [policyowners, insureds,
beneficiaries, annuitants, payees, and assignees of life insurance policies,
health insurance policies, annuity contracts and supplemental contracts,
subject to certain limitations,]persons
specified in subsection 1 of NRS 686C.030 against failure in the
performance of contractual obligations [due to]under life and health insurance policies, annuities and
contracts specified in subsection 2 of NRS 686C.030 because of the
impairment or insolvency of the insurer issuing
such policies or contracts.

Sec. 21. NRS 686C.030 is
hereby amended to read as follows:

686C.030 1. This chapter [applies to direct life insurance policies, health
insurance policies, annuity contracts and contracts supplemental to life and
health insurance policies and annuity contracts issued by persons authorized to
transact insurance in this state.

2. This chapter
does not apply to:

(a) Any policies or
contracts or any part thereof under which the risk is borne by the
policyholder.

(b) Any policies or
contracts or any part thereof assumed by the impaired insurer under a contract
of reinsurance other than reinsurance for which assumption certificates have
been issued.]provides coverage for the
policies or contracts described in subsection 2 to persons who are:

(a) Owners of or
certificate holders under such policies or contracts, and who:

(1) Are residents
of this state; or

(2) Are not
residents, but only if:

(I) The insurers
which issued the policies or contracts are domiciled in this state;

(II) Those
insurers did not hold at the time the policies or contracts were issued a
license or certificate of authority in the states in which those persons
reside;

(III) The states
in which the nonresident persons reside have associations for protection
against impaired or insolvent insurers similar to the association created by
this chapter; and

(IV) Those persons
are not eligible for coverage by those associations; and

(b) Beneficiaries,
assignees or payees of the persons covered under paragraph (a), wherever they
reside, except for nonresident certificate holders under group policies or
contracts.

2. This chapter
provides coverage to the persons described in subsection 1 for direct, nongroup
life, health and supplemental policies or contracts, and annuities, and
certificates under direct group policies and contracts, and annuities, issued
by member insurers, except as limited by this chapter.

Sec. 22. NRS 686C.040 is
hereby amended to read as follows:

686C.040 As used in this chapter, unless
the context otherwise requires, the words and terms defined in NRS 686C.050 to
686C.120, inclusive, and sections 2 to 5, inclusive, of
this act have the meanings ascribed to them in those sections.

Sec. 23. NRS 686C.070 is
hereby amended to read as follows:

686C.070 Contractual obligation means
any obligation under [covered policies]a policy or contract or a certificate under a group
policy or contract, or portion thereof, for which coverage is provided under
NRS 686C.030, and includes unearned premiums.

Sec. 24. NRS 686C.080 is
hereby amended to read as follows:

686C.080 Covered policy means any
policy or contract included within the scope of this chapter, as expressed in
NRS 686C.030 [.]and section 6 of this act.

1. Is placed
under [a final order of liquidation]an order of rehabilitation or conservation by a
court of competent jurisdiction; or

2. Is determined by the commissioner to
be unable or potentially unable to fulfill [his]its contractual obligations.

Sec. 26. NRS 686C.100 is
hereby amended to read as follows:

686C.100 Member insurer means any [person authorized to transact any kind of insurance in
this state to which this chapter applies.]insurer which is licensed or holds a certificate of authority
to transact in this state any kind of insurance for which coverage is provided
in this chapter and includes any insurer whose license or certificate of
authority to transact such insurance has been suspended, revoked, not renewed
or voluntarily withdrawn. The term does not include:

1. A nonprofit
hospital or medical organization;

2. A health
maintenance organization;

3. A fraternal
benefit society;

4. A mandatory
state pooling plan;

5. A mutual
assessment company or any entity that operates on the basis of assessments;

6. An insurance
exchange; or

7. Any other
similar entity.

Sec. 27. NRS 686C.110 is
hereby amended to read as follows:

686C.110 Premiums means [direct gross insurance premiums and annuity
considerations written on covered policies, less return premiums and
considerations thereon and dividends paid or credited to policyholders on such
direct business. The term does not include premiums and considerations on contracts between insurers and reinsurers.]

on contracts between insurers and
reinsurers.]amounts received in any
calendar year on covered policies or contracts less premiums, considerations
and deposits returned thereon, and less dividends and credits for experience
thereon. The term does not include any amounts received for policies or
contracts or for the portions of policies or contracts for which coverage is
not provided under NRS 686C.030 except that the assessable premium is not
reduced on account of paragraph (c) of subsection 1 of section 6 of this act
relating to limitations on interest and subsection 2 or paragraph (b) of
subsection 1 of NRS 686C.210 relating to limitations with respect to any one
life.

Sec. 28. NRS 686C.120 is
hereby amended to read as follows:

686C.120 Resident means any person who
resides in this state at the time [the impairment]a member insurer is determined to be impaired or insolvent and to whom contractual
obligations are owed. A person may be a resident of but
one state, which in the case of a person other than a natural person is its
principal place of business.

Sec. 29. NRS 686C.130 is
hereby amended to read as follows:

686C.130 1. There is hereby
created a nonprofit, unincorporated, legal entity to be known as the Nevada
Life and Health Insurance Guaranty Association. All member insurers shall be
and remain members of the association as a condition of their authority to
transact insurance in this state. The association shall perform its functions
under the plan of operation established and approved pursuant to NRS 686C.290
and shall exercise its powers through a board of directors established pursuant
to NRS 686C.140.

2. For purposes of administration and
assessment, the association shall maintain [three]two accounts:

(a) The [health insurance
account;

(b) The life insurance
account; and

(c) The annuity account.]account for health insurance; and

(b) The account for life
insurance and annuities, which consists of:

(1) The subaccount
for life insurance; and

(2) The subaccount
for annuities.

3. The association [shall come]is under
the immediate supervision of the commissioner and is subject to the applicable
provisions of the Nevada Insurance Code.

Sec. 30. NRS 686C.150 is
hereby amended to read as follows:

686C.150 [1.]
If a domestic member insurer is an impaired
insurer [:

(a) The], the association may, [prior
to an order of liquidation or rehabilitation, subject to any conditions imposed
by the association other than those which impair the contractual obligations of
the impaired insurer and which are approved by the impaired insurer and the
commissioner:

(1)]subject to any conditions it may impose which do not impair
the contractual obligations of the impaired insurer, are approved by the
commissioner, and, except in cases of court-ordered conservation or
rehabilitation, are approved by the impaired insurer:

1. Guarantee,
assume or reinsure, or cause to be guaranteed,
assumed or reinsured, [all]any or all of the covered policies or contracts of the impaired insurer.

[(2)]2. Provide
such [moneys,]money, pledges, notes, guarantees or other means as are
proper to effectuate [subparagraph (1),]subsection 1, and assure payment of the
contractual obligations of the impaired insurer pending action under [subparagraph (1).

(3) Loan]subsection 1.

3. Lend money
to the impaired insurer.

[(b) Under an
order of liquidation or rehabilitation, the association shall, subject to the
approval of the commissioner:

(1) Guarantee,
assume or reinsure, or cause to be guaranteed, assumed or reinsured the covered
policies of the impaired insurer.

(2) Assure payment
of the contractual obligations of the impaired insurer.

(3) Provide such moneys,
pledges, notes, guarantees or other means as are reasonably necessary to
discharge such duties.

If the association fails to act
within a reasonable time, the commissioner shall have the powers and duties of
the association under this chapter with respect to such insurer.

2. If a foreign or
alien insurer is an impaired insurer:

(a) The association may,
prior to an order of liquidation, rehabilitation or conservation, with respect
to the covered policies of residents and subject to any conditions imposed by
the association other than those which impair the contractual obligations of
the impaired insurer and which are approved by the impaired insurer and the
commissioner:

(1) Guarantee or
reinsure, or cause to be guaranteed, assumed or reinsured, the impaired
insurers covered policies of residents.

(2) Provide such
moneys, pledges, notes, guarantees or other means as are proper to effectuate
subparagraph (1), and assure payment of the impaired insurers contractual
obligations to residents pending action under subparagraph (1).

(3) Loan money to
the impaired insurer.

(b) Under an order of
liquidation, rehabilitation or conservation, the association shall, subject to
the approval of the commissioner:

(1) Guarantee,
assume or reinsure or cause to be guaranteed, assumed or reinsured the covered
policies of residents.

(2) Assure payment
of the contractual obligations of the impaired insurer to residents.

(3) Provide such
moneys, pledges, notes, guarantees or other means as are reasonably necessary
to discharge such duties.

If the association fails to act
within a reasonable time, the commission shall have the powers and duties of
the association under this chapter with respect to such insurer.]

Sec. 31. NRS 686C.160 is
hereby amended to read as follows:

686C.160 In carrying out its
responsibilities under [paragraph (b) of
subsection 1 and paragraph (b) of subsection 2, respectively, of NRS 686C.150,]sections 7 and 8 of this act, the association may
[request the imposition of:

1. Policy liens,
contract liens, moratoriums on payments or other suitable restraints if the
commissioner:

(a) Finds], subject to approval by the court, or by the commissioner if
there is no judicial proceeding:

1. Impose
permanent liens on policies and contracts in connection with any guarantee,
assumption or reinsurance if the association finds that the amounts
which can be assessed under this chapter are less than the amounts needed to
assure full and prompt performance of the [impaired
insurers contractual obligations,]associations
duties or that the economic or financial conditions as they affect
member insurers are sufficiently adverse [to
render the imposition of policy or contract liens, moratoriums or other
suitable restraints to be]that the
imposition of such permanent liens is in the public interest.

[(b) Approves the
specific policy liens, contract liens, moratoriums or other suitable restraints
to be used.

2. Temporary]

2. Impose
temporary moratoriums or liens on payments of cash values and policy
loans [if, before the association becomes
obligated under paragraph (b) of subsection 1 or paragraph (b) of subsection 2,
respectively, of NRS 686C.150, such temporary moratoriums or liens are approved
by the commissioner.]or any right to
withdraw money held in conjunction with policies or contracts, in addition to
any contractual provisions for deferral of paying cash value or lending against
the policy.

Sec. 32. NRS 686C.170 is
hereby amended to read as follows:

686C.170 The association is not liable
under [NRS 686C.150]section 7 or 8 of this act for any covered policy of a
foreign or alien insurer [whose domiciliary
jurisdiction or state of entry provides by statute or regulation, protection
for residents of this state substantially similar to that provided by this
chapter for residents of other states.]where
a guaranty is provided to residents of this state by the laws of the
domiciliary state or jurisdiction of the impaired or insolvent insurer.

Sec. 33. NRS 686C.190 is
hereby amended to read as follows:

686C.190 The association has standing [to]:

1. To appear
before any court in this state [, having]which has jurisdiction over an impaired or insolvent insurer concerning which the association
is or may become obligated under this chapter. [Such]Its standing extends to all matters germane to
the powers and duties of the association, including but not limited to
proposals for reinsuring or guaranteeing the covered policies or contracts of the impaired or
insolvent insurer and the determination of the covered policies or contracts and contractual obligations.

2. To appear or
intervene before a court in another state which has jurisdiction over an
impaired or insolvent insurer for which the association is or may become
obligated, or over a third party against whom the association may have rights
through subrogation of the insurers policyholders.

Sec. 34. NRS 686C.200 is
hereby amended to read as follows:

686C.200 1. Any person
receiving benefits under this chapter shall be deemed to have assigned his
rights under , and any causes of action relating to, the
covered policy or contract to the association to
the extent of the benefits received because of this chapter whether the
benefits are payments of or on account of contractual
obligations, [or] continuation of
coverage [.]or provision of substitute or alternative coverages. The
association may require an assignment to it of [such]those rights and causes of
action by any payee, policy or contract owner, beneficiary, insured or
annuitant as a condition precedent to the receipt of any
rights or benefits conferred by this chapter upon [such person.

precedent to the receipt of any rights or benefits conferred
by this chapter upon [such person. The
association is subrogated to these rights against the assets of any impaired
insurer.]that person.

2. The [subrogation]
rights of the association to subrogation under
this subsection have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person
entitled to receive benefits under this chapter.

3. In addition to
the rights provided under subsection 1 and 2, the association has all rights of
subrogation at common law and any other equitable or legal remedy which would
have been available to the impaired or insolvent insurer or the holder of a
policy or contract, with respect to the policy or contract.

Sec. 35. NRS 686C.210 is
hereby amended to read as follows:

686C.210 [Subject
to the provisions of NRS 686C.160, the liability of the association for
contractual obligations of impaired insurers is limited as follows:

1. The liability
with respect to accident and health insurance is limited to actual claims of
insureds for disability resulting from accident or sickness.

2. The liability
with respect to life and annuity insurance is as great as but no greater than
the contractual obligations of the impaired insurer would have been in the
absence of an impairment.

3. The aggregate
liability under subsections 1 and 2 must not exceed $100,000 in cash values or
$300,000 for all benefits, including cash values, with respect to any one
insured.]

1. Unless further
limited by subsection 2, the liability of the association for benefits under
this chapter is limited to the lesser of:

(a) The contractual
obligations for which the insurer is liable or would have been liable if it
were not an impaired or insolvent insurer; or

(b) With respect to any
one life, regardless of the number of policies or contracts:

(1) Three hundred
thousand dollars in death benefits from life insurance, but not more than
$100,000 in net cash for surrender and withdrawal for life insurance;

(2) One hundred
thousand dollars in benefits from health insurance, including any net cash for
surrender and withdrawal; and

(3) One hundred
thousand dollars in the present value of annuities, including net cash for
surrender and withdrawal.

2. The association
is not liable to expend more than $300,000 in the aggregate with respect to any
one life under subparagraphs (1), (2) and (3) of paragraph (b) of subsection 1.

Sec. 36. NRS 686C.220 is
hereby amended to read as follows:

686C.220 The association may:

1. Enter into such contracts as are
necessary or proper to carry out the provisions and purposes of this chapter.

2. Sue or be sued, including the taking
of any legal action necessary or proper for recovery of any unpaid assessments
under NRS 686C.230 [.]or to settle claims or potential claims against it.

3. Borrow money to effect the purposes of
this chapter. Any notes or other evidence of indebtedness of the association
not in default are legal investments for domestic insurers and may be carried
as admitted assets.

4. Employ or retain such persons as are
necessary to handle the financial transactions of the association, and to
perform such other functions as become necessary or proper under this chapter.

5. Negotiate and contract with any
liquidator, rehabilitator, conservator or ancillary receiver to carry out the
powers and duties of the association.

6. Take such legal action as may be
necessary to avoid payment of improper claims.

7. Exercise, for the purposes of this
chapter and to the extent approved by the commissioner, the powers of a
domestic life or health insurer, but in no case may the association issue
insurance policies or [annuity contracts]annuities other than those issued to perform the
contractual obligations of the impaired insurer [.]under this chapter.

8. Join an
organization of one or more other state associations having similar purposes,
to further the purposes and administer the powers and duties of the
association.

Sec. 37. NRS 686C.230 is
hereby amended to read as follows:

686C.230 1. [For the purpose of providing the funds]To provide the money necessary to carry out the powers
and duties of the association, the board shall assess the member insurers,
separately for each account, at such times and for such amounts as the board
finds necessary. [The board shall collect the
assessments after 30 days written notice to the member insurers before payment
is due.]As assessment is due upon at
least 30 days written notice to the member insurer and accrues interest after
it is due at the rate provided in NRS 99.040.

2. There are [three]two classes of assessments as follows:

(a) [Class A
assessments shall]Assessments in Class A
must be made for the purpose of meeting administrative and legal costs and [other
general expenses not related to a particular impaired insurer.

(b) Class B assessments
shall]other expenses, including those of
examinations conducted pursuant to NRS 686C.310. An assessment in Class A need
not be related to a particular impaired or insolvent insurer.

(b) Assessments in Class
B must be made to the extent necessary to carry out the powers and
duties of the association under NRS 686C.150 to 686C.200, inclusive, and sections 7 to 11, inclusive, of this act with
regard to an impaired [domestic insurer.

(c) Class C assessments
shall be made to the extent necessary to carry out the powers and duties of the
association under NRS 686C.150 to 686C.220, inclusive, with regard to an
impaired foreign or alien insurer.]or
insolvent insurer.

Sec. 38. NRS 686C.240 is
hereby amended to read as follows:

686C.240 1. [Class A assessments against member insurers must be:

(a) Determined each year
by the board;

(b) Not more than $50 per
year for each member insurer; and

(c) Uniform among member
insurers.

2. The amount of
any Class B or C assessment must be divided among the accounts in the
proportion that the premiums received by the impaired insurer on the policies covered by each account bears to the premiums
received by the insurer on all covered policies.

on the policies covered by each
account bears to the premiums received by the insurer on all covered policies.

3. Class B
assessments for each account must be made separately for each state in which
the impaired domestic insurer was authorized to transact insurance at any time,
in the proportion that the premiums received on business in that state by the
impaired insurer on policies covered by the account bears to the premiums
received in all those states by the impaired insurer. The assessments against
member insurers must be in the proportion that the premiums received on
business in each state by each assessed member insurer on policies covered by
each account bears to the premiums received on business in each state by all
assessed member insurers.

4. Class C assessments]The board shall determine the amount of each assessment
in Class A and may, but need not, prorate it. If an assessment is prorated, the
board may provide that any surplus be credited against future assessments in
Class B. An assessment which is not prorated must not exceed $150 for each
insurer for any one calendar year.

2. The board may
allocate any assessment in Class B among the accounts according to the premiums
or reserves of the impaired or insolvent insurer or any other standard which it
considers fair and reasonable under the circumstances.

3. Assessments in
Class B against member insurers for each account and
subaccount must be in the proportion that the premiums received on
business in this state by each assessed member insurer on policies or contracts covered by each account or subaccount for the 3 most recent calendar years for which
information is available preceding the year in which the insurer became
impaired or insolvent bears to premiums received on business in this
state for those calendar years by all assessed
member insurers.

[5.]4. Assessments for money to meet the
requirements of the association with respect to an impaired or insolvent insurer must not be made until necessary
to carry out the purposes of this chapter. Classification of assessments under
subsection 2 of NRS 686C.230 and computation of assessments under this section
must be made with a reasonable degree of accuracy, recognizing that exact
determinations may not always be possible.

Sec. 39. NRS 686C.250 is hereby
amended to read as follows:

686C.250 1. The association
may abate or defer, in whole or in part, the assessment of a member insurer if,
in the opinion of the board, payment of the assessment would endanger the
ability of the member insurer to fulfill its contractual obligations. If an assessment against a member insurer is abated or
deferred in whole or in part, the amount by which that assessment is abated or
deferred may be assessed against the other member insurers in a manner
consistent with the basis for assessments set forth in this section.

2. The
total of all assessments upon a member insurer for [each
account shall]:

(a) The account for life
insurance and annuities and each of its subaccounts; and

(b) The account for
health insurance,

respectively must not in any 1
calendar year exceed 2 percent of [such insurers]the insurers average premiums in this state on
the policies covered by the account [.

2. If an
assessment against a member insurer is abated or deferred, in whole or in part,
because of the limitations set forth in subsection 1, the amount by which such
assessment is abated or deferred shall be assessed against the other member
insurers in a manner consistent with the basis for assessments set forth in
this section.]during the 3 calendar years
preceding the year in which the impairment or insolvency is determined.

3. If the
maximum assessment, together with the other assets of the association in either
account, does not provide in any 1 year in either account an amount sufficient
to carry out the responsibilities of the association, the necessary additional [funds shall]money
must be assessed as soon thereafter as permitted by this chapter.

4. If an
assessment of 1 percent for either subaccount of the account for life insurance
and annuities in any 1 year does not provide an amount sufficient to carry out
the responsibilities of the association, then pursuant to subsection 3 of NRS
686C.240, the board shall assess both subaccounts for the necessary additional
amount, subject to the maximum stated in subsection 2.

5. The board may
provide in the plan of operation a method of allocating funds among claims,
whether relating to one or more impaired or insolvent insurers, when the
maximum assessment is insufficient to cover anticipated claims.

Sec. 40. NRS 686C.260 is
hereby amended to read as follows:

686C.260 The board may, by an equitable
method as established in the plan of operation, refund to member insurers, in
proportion to the contribution of each insurer to that account, the amount by
which the assets of the account exceed the amount the board finds is necessary
to carry out during the coming year the obligations of the association with
regard to that [amount,]account, including assets accruing from assignment, subrogation, net realized gains and income
from investments. A reasonable amount may be retained in any account to provide
funds for the continuing expenses of the association and for future losses . [if refunds are
impractical.]

Sec. 41. NRS 686C.270 is
hereby amended to read as follows:

686C.270 [1.]
It is proper for any member insurer, in determining its [premium]
rates of premium and [policyowner]
dividends to owners of policies as to any kind of
insurance within the scope of this chapter, to consider the amount reasonably
necessary to meet its [assessment] obligations
for assessment under this chapter.

[2. As used
in NRS 686C.230 to 686C.270, inclusive, premiums means those, so defined in
NRS 686C.110, for the calendar year preceding the determination of impairment.]

Sec. 42. NRS 686C.280 is
hereby amended to read as follows:

686C.280 1. The association
shall issue to each insurer paying an assessment under this chapter a
certificate of contribution, in a form prescribed by the commissioner, for the
amount so paid. All outstanding certificates [shall
be]are of equal dignity and
priority without reference to amounts or dates of issue. A member insurer [shall, at its option, have the right to]may show a certificate of contribution as an [admitted] asset in its financial
statement [at percentages of the original face
amount, either for such longer period as may be allowed by the commissioner or
for calendar years as follows:

(b) Eighty percent for
the first calendar year after the year of issuance;

(c) Sixty percent for the
second calendar year after the year of issuance;

(d) Forty percent for the
third calendar year after the year of issuance;

(e) Twenty percent for
the fourth calendar year after the year of issuance; and

(f) Not at all for the
fifth calendar year after the year of issuance and thereafter.

2. The]in such form, for such amount if any, and for such
period as the commissioner may approve.

2. A member insurer
may offset against its [premium tax]
liability for premium tax to this state, accrued
with respect to business transacted in a calendar year, an amount equal to [the asset written off by it in that year pursuant to
subsection 1.]20 percent of the amount
certified pursuant to subsection 1 in each of the 5 calendar years following
the year in which the assessment was paid. If an insurer ceases to transact
business, it may offset all uncredited assessments against its liability for
premium tax for the year in which it so ceases.

3. Any sum acquired by refund from the
association pursuant to NRS 686C.260 which
theretofore had been written off by the contributing insurer and offset against
premium taxes as provided in subsection 2 [shall]must be paid to the commissioner and by him
deposited with the state treasurer for credit to the state
general fund . [in
the state treasury.]The association shall
notify the commissioner of each refund made.

Sec. 43. NRS 686C.290 is
hereby amended to read as follows:

686C.290 1. The association
shall submit to the commissioner a plan of operation and any amendments thereto
necessary or suitable to assure the fair, reasonable and equitable
administration of the association. The plan of operation and any amendments
thereto [shall] become effective
upon approval in writing by the commissioner [.], or 30 days after submission if he has not disapproved
them. All member insurers shall comply with the plan of operation.

2. [If the
association fails to submit a suitable plan of operation by January 1, 1974, or
if]If at any time [thereafter] the association fails to
submit suitable amendments to the plan, the commissioner shall adopt such
reasonable regulations as are necessary or advisable to effectuate the
provisions of this chapter. The regulations continue in force until modified by
the commissioner or superseded by a plan submitted by the association and
approved by the commissioner.

3. The plan of operation must:

(a) Establish procedures for handling the assets
of the association.

(b) Establish the amount and method of
reimbursing members of the board under NRS 686C.140.

(c) Establish regular places and times for
meetings of the board.

(d) Establish procedures for records to be kept
of all financial transactions of the association, its agents and the board.

(e) Establish the procedures whereby selections
for the board will be made and submitted to the commissioner.

(f) Establish any additional procedures for
assessments under NRS 686C.230 to 686C.270, inclusive.

(g) Contain additional provisions necessary or
proper for the execution of the powers and duties of the association.

4. The plan of operation may provide that
any or all powers and duties of the association, except those under subsection
3 of NRS 686C.220 and NRS 686C.230 to [686C.270,]686C.280, inclusive, are delegated to a
corporation, association or other organization which performs or will perform
functions similar to those of this association or its equivalent in two or more
states. [Such a corporation, association or
organization shall be reimbursed for any payments made on behalf of the
association and must be paid for its performance of any function of the
association. A delegation under this subsection takes effect only with the
approval of both the board and the commissioner, and may be made only to a
corporation, association or organization which extends protection not
substantially less favorable and effective than that provided by this chapter.]

Sec. 44. NRS 686C.300 is
hereby amended to read as follows:

686C.300 1. The commissioner
shall:

(a) Notify the board of the existence of an
impaired insurer not later than 3 days after a determination of impairment is
made or he receives notice of impairment.

(b) Upon request of the board, provide the
association with a statement of the premiums in [the]this and any other appropriate states for each
member insurer.

(c) When an impairment is declared and the
amount of the impairment is determined, serve a demand upon the impaired
insurer to make good the impairment within a reasonable time. Notice to the insurer is notice to its stockholders, if any. The
failure of the insurer to comply with such demand promptly does not excuse the
association from the performance of its powers and duties under this chapter.

2. The commissioner may suspend or
revoke, after notice and hearing, the certificate of authority to transact
insurance in this state of any member insurer which fails to pay an assessment
when due or fails to comply with the plan of operation. As an alternative the
commissioner may levy a forfeiture on any member insurer which fails to pay an
assessment when due. Such forfeiture shall not exceed 5 percent of the unpaid
assessment per month, but no forfeiture may be less than $100 per month.

3. Any action of the board or the
association may be appealed to the commissioner by any member insurer if such
appeal is taken within 30 days [of]after the action being appealed. If a member insurer appeals from an assessment, it shall pay
the amount assessed to the association and that amount is available to meet the
obligations of the association during the pendency of the appeal. If the
assessment is annulled or reduced on appeal, the amount paid, or the excess,
must be refunded by the association to the insurer. Any final action or
order of the commissioner is subject to judicial review in a court of competent
jurisdiction.

4. The [receiver
or ancillary receiver]liquidator,
rehabilitator or conservator of any impaired insurer may notify all
interested persons of the effect of this chapter.

686C.310 To aid in the detection and
prevention of [insurer impairments:]the impairment or insolvency of insurers:

1. The board shall, upon majority vote,
notify the commissioner of any information indicating any member insurer may be
[unable or potentially unable to fulfill its
contractual obligations.]impaired or
insolvent. The commissioner shall report to the board when he has reasonable
cause to believe from any examination, whether or not completed, that any
member insurer may be impaired or insolvent.

2. The board may, upon majority vote,
request that the commissioner order an examination of any member insurer which
the board in good faith believes may be [unable
or potentially unable to fulfill its contractual obligations. The commissioner
may conduct such examination.]impaired or
insolvent. The commissioner shall begin the examination within 30 days after
receiving the request. The examination may be conducted [as a]by the National
Association of Insurance Commissioners [examination
or may be conducted]or by such
persons as the commissioner designates. The cost of [such
examination shall]the examination must be
paid by the association and the [examination
report shall be]report treated as
are other [examination reports. Such examination
report shall]reports of examinations. The
report must not be released to the board [prior
to]before its release to the
public, but this does not excuse the commissioner from his obligation to comply
with subsection [3.]1. The commissioner shall notify the board when the
examination is completed. The request for an examination [shall]must be
kept on file by the commissioner but it [shall
not be]is not open to public
inspection [prior to]before the release of the [examination]
report of the examination to the public and [shall]may be
released at that time only if the examination discloses that the examined
insurer is [unable or potentially unable to meet
its contractual obligations.

3. The
commissioner shall report to the board when he has reasonable cause to believe
that any member insurer examined at the request of the board may be unable or potentially
unable to fulfill its contractual obligations.

4.]impaired or insolvent.

3. The
board may, upon majority vote, make reports and recommendations to the
commissioner upon any matter germane to the solvency, liquidation,
rehabilitation or conservation of any member insurer [.
Such]or germane to the solvency of any
person seeking admission to transact insurance in this state. These reports
and recommendations [shall not be considered
public documents.]are not open to public
inspection.

4. The
commissioner may seek the advice and recommendations of the board concerning
any matter affecting his duties and responsibilities regarding the financial
condition of member insurers and of persons seeking admission to transact
insurance in this state.

5. The board may, upon majority vote,
make recommendations to the commissioner for the detection and prevention of [insurer impairments.

6. The board
shall, at the conclusion of any insurer impairment in which the association
carried out its duties under this chapter or exercised any of its powers under
this chapter, prepare a report on the history and causes of such impairment, based on the information available to the
association, and submit such report to the commissioner.]

impairment, based on the information
available to the association, and submit such report to the commissioner.]the insolvency of insurers.

Sec. 46. NRS 686C.330 is
hereby amended to read as follows:

686C.330 1. This chapter
does not reduce the liability for unpaid assessments of the insureds of an
impaired insurer operating under a plan with [assessment
liability.]liability for assessments.

2. Records [shall]must be kept of all negotiations and meetings in
which the association or its representatives are involved to discuss the
activities of the association in carrying out its powers and duties under NRS
686C.150 to 686C.220, inclusive [.], and sections 7 to 11, inclusive, of this act. Records
of such negotiations or meetings [shall]must be made public [only]upon a majority vote of the board, upon the
termination of a proceeding for liquidation,
rehabilitation or conservation [proceeding]
involving the impaired or insolvent insurer, upon
the termination of the impairment or insolvency of
the insurer, or upon the order of a court of competent jurisdiction. This
subsection does not limit the duty of the association to render a report of its
activities under NRS 686C.350.

3. For the purpose of carrying out its
obligations under this chapter, the association shall be deemed to be a
creditor of the impaired or insolvent insurer to
the extent of assets attributable to covered policies reduced by any amounts to
which the association is entitled as subrogee pursuant to [subsection 1 of NRS 686C.200. All assets]NRS 686C.200. Assets of the impaired or insolvent insurer attributable to covered policies [shall]must be
used to continue all covered policies and pay all contractual obligations of
the impaired or insolvent insurer as required by
this chapter. Assets attributable to covered policies, as used in this
subsection, [is]are that proportion of the assets which the reserves
that should have been established for [such]covered policies bear to the [reserve]reserves
that should have been established for all policies of insurance written
by the impaired or insolvent insurer.

4. [Prior
to]Before the termination of any proceeding for liquidation, rehabilitation or
conservation , [proceeding,]
the court may take into consideration the contributions of the respective
parties, including the association, the shareholders and [policyowners]policyholders
of the impaired or insolvent insurer, and any
other party with a bona fide interest, in making an equitable distribution of
the ownership [rights of such]of the impaired or insolvent insurer.
In making such a determination, consideration [shall]must be
given to the welfare of the policyholders of the continuing or successor
insurer. No distribution to stockholders, if any, of an impaired or insolvent insurer may be made until and unless the
total amount of [assessments levied by]valid claims of the association , with interest thereon, for money expended in exercising its
powers and performing its duties under NRS 686C.150 and sections 7 to 11,
inclusive, of this act with respect to [such]that insurer have been fully recovered by the
association.

[5. It is a
prohibited unfair trade practice for any person to make use in any manner of
the protection afforded by this chapter in the sale of insurance.

6. In all case
under this chapter:

(a) If an order for
liquidation or rehabilitation of an insurer domiciled in this state has been
entered, the receiver appointed under such order shall have a right to recover
on behalf of the insurer, from any affiliate that controlled it, the amount of distributions, other than stock dividends paid by
the insurer on its capital stock, made at any time during the 5 years preceding
the petition for liquidation or rehabilitation, subject to the limitations of
paragraphs (b), (c) and (d).

the amount of distributions, other
than stock dividends paid by the insurer on its capital stock, made at any time
during the 5 years preceding the petition for liquidation or rehabilitation,
subject to the limitations of paragraphs (b), (c) and (d).

(b) No such dividend is
recoverable if the insurer shows that when paid the distribution was lawful and
reasonable, and that the insurer did not know and could not reasonably have
known that the distribution might adversely affect the ability of the insurer
to fulfill its contractual obligations.

(c) Any person who as an
affiliate that controlled the insurer at the time the distributions were paid
is liable up to the amount of distributions he received. Any person who was an
affiliate that controlled the insurer at the time the distributions were
declared, is liable up to the amount of distributions he would have received if
they had been paid immediately. If two persons are liable with respect to the
same distributions, they are jointly and severally liable.

(d) The maximum amount
recoverable under this subsection is the amount needed in excess of all other
available assets of the impaired insurer to pay the contractual obligations of
the impaired insurer.

(e) If any person liable
under paragraph (c) is insolvent, all its affiliates that controlled it at the
time the dividend was paid, are jointly and severally liable for any resulting
deficiency in the amount recovered from the insolvent affiliate.]

Sec. 47. NRS 686C.340 is
hereby amended to read as follows:

686C.340 All proceedings in which the
impaired or insolvent insurer is a party in any
court in this state [shall]must be stayed for 60 days from the date an order of
liquidation, rehabilitation or conservation is final to permit proper legal
action by the association on any matters germane to its powers or duties. [As to]If a
judgment has been entered under any decision,
order, verdict or finding based on default, the association may apply to have [such]the judgment
set aside by the same court that [made such]entered the judgment and is entitled to defend
against [such]the suit on the merits.

Sec. 48. NRS 686C.350 is
hereby amended to read as follows:

686C.350 The association is subject to
examination and regulation by the commissioner. The board shall submit to the
commissioner, not later than [May 1 of each]120 days after the end of its fiscal year, a
financial report [for the preceding calendar year]
in a form approved by the commissioner and a report of its activities during
the preceding [calendar]fiscal year.

Sec. 49. NRS 686C.370 is
hereby amended to read as follows:

686C.370 There is no liability on the
part of and no cause of action of any nature arises against any member insurer
or its agents or employees, the association or its agents or employees, members
of the board or the commissioner or his representatives for any [action taken]act
or omission by them in the performance of their powers and duties under
this chapter. This immunity extends to participation in
any organization of other state associations whose purposes are similar, and to
any such organization and its agents or employees.

Sec. 50. NRS 686A.055 is
hereby amended to read as follows:

686A.055 A person who is an insurer or an
agent or employee of an insurer shall not place before the public by any means
any advertisement, announcement or statement which uses
the existence of the Nevada insurance guaranty association or the Nevada life
and health insurance guaranty association for the purpose of inducing the
purchase of, or discouraging the termination of, any insurance covered by the
association.

announcement or statement which uses the existence of the
Nevada insurance guaranty association or the Nevada life
and health insurance guaranty association for the purpose of inducing
the purchase of, or discouraging the termination of, any insurance covered by
the association. This section does not apply to [the
Nevada insurance guaranty association.]either
of the associations named.

Sec. 51. NRS 696B.270 is
hereby amended to read as follows:

696B.270 1. Upon application
by the commissioner for such an order to show cause, or at any time thereafter,
the court may without notice issue an injunction restraining the insurer, its
officers, directors, stockholders, members, subscribers, agents and all other
persons from the transaction of its business or the waste or disposition of its
property until the further order of the court [.], but the court shall so frame its injunction as not to
prevent the Nevada life and health insurance guaranty association and the
Nevada insurance guaranty association from exercising their respective powers
under this Title.

2. The court may at any time during a
proceeding under NRS 696B.010 to 696B.560, inclusive, issue such other
injunctions or orders as may be deemed necessary to prevent interference with
the commissioner or the proceeding, or waste of the assets of the insurer, or
the commencement or prosecution of any actions, or the obtaining of
preferences, judgments, attachments or other liens, or the making of any levy
against the insurer or against its assets or any part thereof.

3. [Notwithstanding
any other provision of law, no bond shall]No bond may be required of the commissioner as a
prerequisite for the issuance of any injunction or restraining order pursuant
to this section.

Sec. 52. 1. The
amendatory provisions of this act apply to insurers who become impaired or
insolvent on or after October 1, 1991.

2. The Nevada life and health insurance
guaranty association shall prepare and submit the document required by section
19 of this act within 180 days after October 1, 1991.

3. The requirement to include the
document required by section 19 of this act takes effect 60 days after the
commissioner of insurance approves the document, as submitted or revised.

________

κ1991 Statutes
of Nevada, Page 884κ

CHAPTER 339, SB 455

Senate Bill No.
455Committee on Commerce and Labor

CHAPTER 339

AN ACT relating to installment loans;
allowing a person to make an installment loan on the land on which a mobile
home is located if the mobile home and the land secure the loan; specifically
authorizing a person who makes installment loans to conduct business within the
same place of business as a mortgage company under certain circumstances; and
providing other matters properly relating thereto.

[Approved June 13, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 675.230 is
hereby amended to read as follows:

675.230 [No]1. Except as otherwise provided in
subsection 2, no licensee may conduct the business of making loans under
this chapter within any office, suite, room or place of business in which any
other business is solicited or engaged in, except an insurance agency or notary
public, or in association or conjunction with any other business, unless
authority to do so is given by the commissioner.

2. A licensee may
conduct the business of making loans pursuant to this chapter in the same
office or place of business as a mortgage company if:

(a) The licensee and the
mortgage company:

(1) Operate as
separate legal entities;

(2) Maintain
separate accounts, books and records;

(3) Are
subsidiaries of the same parent corporation; and

(4) Maintain
separate licenses; and

(b) The mortgage company
is licensed by this state and does not receive money to acquire or repay loans
or maintain trust accounts as provided by NRS 645B.175.

Sec. 2. NRS 675.350 is
hereby amended to read as follows:

675.350 No licensee may:

1. Take any confession of judgment or any
power of attorney running to himself or to any third person to confess judgment
or to appear for the borrower in a judicial proceeding.

2. Take any not or promise to pay which
does not disclose the date and amount of the loan obligation, a schedule or
description of the payments to be made thereon[,]
and the rate or aggregate amount of the agreed
charges.

3. Take any instrument in which blanks
are left to be filled in after the loan is made.

4. Take a lien upon real property as
security for any loan made under this chapter except [on
a loan secured by]real property upon
which is situated a mobile home or factory-built housing [which constitutes real estate or real property]that also secures the loan, and except such lien
as is created by law through the rendition or recording of a judgment.

________

κ1991
Statutes of Nevada, Page 885κ

CHAPTER 340, SB 476

Senate Bill No.
476Committee on Human Resources and Facilities

CHAPTER 340

AN ACT relating to nursing assistants;
clarifying the requirements for the administration of a training program for
nursing assistants; and providing other matters properly relating thereto.

[Approved June 13, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. NRS 632.2856 is
hereby amended to read as follows:

632.2856 1. The training
program required for certification as a nursing assistant must consist of 75
hours of instruction. The program must include no less than 60 hours of theory
and learning skills in a laboratory setting. The program must be completed
within 3 months after the nursing assistant trainee begins employment.

2. Except as otherwise provided in this
subsection, the instructor of the program must be a registered nurse with:

(a) Three years of nursing experience which
includes direct care of patients and supervision and education of members of
the staff; and

(b) Proof of successful completion of training
for instructors which has been approved by the board.

The board may approve a licensed practical nurse as an
instructor if the board determines that requiring instruction by a registered
nurse would create a hardship.

3. Upon completion of the program, a
nursing assistant trainee must pass a test in theory with an overall score of
80 percent and a test of skills on a pass or fail basis. The test of skills
must be given by a registered nurse. If the nursing assistant trainee fails
either of the tests, he must repeat the training in the areas in which he was
deficient before taking the certification examination.

4. In a program which is based in a
facility, a nursing assistant trainee may only perform those tasks he has
successfully completed in the training program, and must perform those tasks
under the direct supervision of a registered nurse or a licensed practical
nurse.

5. The board shall adopt regulations not
inconsistent with law:

(a) Specifying the scope of the training program
and the required components of the program;

(b) Establishing standards for the approval of
programs and instructors; and

(c) Designating the basic nursing services which
a nursing assistant may provide upon certification.

6. Any medical facility, educational
institution or other organization may provide a training program if the program
meets the requirements set forth in this chapter and in the regulations of the
board, and is approved by the board. Such a program must be administered
through:

(b) A program for occupational education
approved by the state board for occupational education;

(c) A public school in this state; or

(d) Any other nationally recognized body or
agency authorized by law to accredit or approve such programs.

7. An educational
institution or agency that administers a training program shall:

(a) Develop or approve
the curriculum for training provided in its service district;

(b) Manage the training
program; and

(c) Work with medical and
other facilities to carry out the requirements of paragraphs (a) and (b).

Sec. 2. Section 4 of Senate Bill
No. 274 of this section is hereby amended to read as follows:

Sec 4. NRS
632.2856 is hereby amended to read as follows:

632.2856 1. The
training program required for certification as a nursing assistant must consist
of 75 hours of instruction. The program must include no less than 60 hours of
theory and learning skills in a laboratory setting. [The
program must be completed within 3 months after the nursing assistant trainee
begins employment.]

2. Except as
otherwise provided in this subsection, the instructor of the program must be a
registered nurse with:

(a) Three years of
nursing experience which includes direct care of patients and supervision and
education of members of the staff; and

(b) Proof of
successful completion of training for instructors which has been approved by
the board.

The board may approve a licensed
practical nurse as an instructor if the board determines that requiring
instruction by a registered nurse would create a hardship.

3. Upon
completion of the program, a nursing assistant trainee must pass a test in
theory with an overall score of 80 percent and a test of skills on a pass or
fail basis. The test of skills must be given by a registered nurse. If the
nursing assistant trainee fails either of the tests, he must repeat the
training in the areas in which he was deficient before taking the certification
examination.

4. In a program
which is based in a facility, a nursing assistant trainee may only perform
those tasks he has successfully completed in the training program, and must
perform those tasks under the direct supervision of a registered nurse or a
licensed practical nurse.

5. The board
shall adopt regulations not inconsistent with law:

(a) Specifying the
scope of the training program and the required components of the program;

(b) Establishing
standards for the approval of programs and instructors; and

(c) Designating the
basic nursing services which a nursing assistant may provide upon
certification.

6. Any medical
facility, educational institution or other organization may provide a training
program if the program meets the requirements set forth
in this chapter and in the regulations of the board, and is approved by the
board.

set forth in this chapter and in
the regulations of the board, and is approved by the board. Such a program must
be administered through:

(a) The University of
Nevada System;

(b) A program for
occupational education approved by the state board for occupational education;

(c) A public school in
this state; or

(d) Any other
nationally recognized body or agency authorized by law to accredit or approve
such programs.

7. An
educational institution or agency that administers a training program shall:

(a) Develop or approve
the curriculum for training provided in its service district;

(b) Manage the
training program; and

(c) Work with medical
and other facilities to carry out the requirements of paragraphs (a) and (b).

Sec. 3. This act becomes
effect upon passage and approval.

________

CHAPTER 341, SB 493

Senate Bill No. 493Committee
on Commerce and Labor

CHAPTER 341

AN ACT relating to appraisers; creating
and authorizing the further creation and definitions of additional classes of
appraiser to conform to federal regulations; and providing other matters
properly relating thereto.

[Approved June 13, 1991]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE

AND ASSEMBLY, DO ENACT AS
FOLLOWS:

Section 1. Chapter 645C of NRS is
hereby amended by adding thereto the provisions set forth as sections 2 and 3
of this act.

Sec. 2. Certificate means a certificate issued to an appraiser
pursuant to this chapter.

Sec. 3. Certified appraiser means an appraiser to whom a certificate
has been issued pursuant to this chapter.

Sec. 4. NRS 645C.100 is
hereby amended to read as follows:

645C.100 Permit means a temporary certificate or license issued to an appraiser by the
administrator pursuant to NRS 645C.360.

Sec. 5. NRS 645C.140 is
hereby amended to read as follows:

645C.140 The purpose of this chapter is to carry out the policy expressed in the portion of the
Financial Institutions Reform, Recovery and Enforcement Act of 1989 (12 U.S.C.
§§ 3331-3351) which concerns appraisers, to establish a program in this state to
license and certify appraisers, and to protect [persons
to whom an appraisal is communicated and other persons affected by an
appraisal.]the users of appraisals in
this state.

1. A federal or state employee, or an
employee of a local government, who prepares or communicates an appraisal as
part of his official duties, unless a licensee or
certificate is required as a condition of his employment.

2. A person appointed to evaluate real
estate pursuant to chapter 152 of NRS or NRS 269.125, except as required by the
appointing judge.

3. A board of appraisers acting pursuant
to NRS 269.135.

4. A person licensed pursuant to chapter
645 or 684A of NRS while he is performing an act within the scope of his
license.

5. A person who makes an evaluation of
real estate as an incidental part of his employment for which no special
compensation is provided, if that evaluation is only provided to his employer
for internal use within the place of his employment.

Sec. 7. NRS 645C.180 is
hereby amended to read as follows:

645C.180 1. The commission
of appraisers of real estate is hereby created, consisting of five members
appointed by the governor.

2. At least two members of the commission
must be residents of the southern district of Nevada, which consists of the
counties of Clark, Esmeralda, Lincoln and Nye.

3. At least two members of the commission
must be residents of the northern district of Nevada, which consists of Carson
City, and the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lander,
Lyon, Mineral, Pershing, Storey, Washoe and White Pine.

4. Not more than two members may be
appointed from any one county.

5. After the terms of the initial
members, the commission must contain at least two members who hold [licenses]certificates
as general appraisers and at least two members who hold certificates or licenses as residential appraisers.

6. [Members]A member of the commission [are]is eligible
for reappointment, but shall not serve for a period greater than 6 years
consecutively, after which [time they are]he is not eligible for appointment or
reappointment until 3 years have elapsed from [their]his previous period of service.

Sec. 8. NRS 645C.190 is
hereby amended to read as follows:

645C.190 1. Each member of
the commission must:

(a) Be a citizen of the United States or be
lawfully entitled to remain and work in the United States;

(b) Have been a resident of the State of Nevada
for not less than 5 years;

(c) Have been actively engaged in business as an
appraiser within the state for a period of not less than 3 years immediately
preceding the date of his appointment; and

(d) After the terms of the initial members, be a
certified or licensed appraiser.

2. Before entering upon the duties of his
office, each member of the commission shall take:

(a) The constitutional oath of office; and

(b) An oath that he is legally qualified to
serve as a member of the commission.

(a) Persons whose applications for a certificate, license or registration card have been
denied;

(b) Investigations conducted by it which result
in the initiation of formal disciplinary proceedings:

(c) Formal disciplinary proceedings; and

(d) Rulings or decisions upon complaints filed
with it.

2. Except as otherwise provided in this
section, records kept in the office of the division pursuant to this chapter
are open to the public for inspection pursuant to regulations adopted by the
commission. The division may keep confidential, unless otherwise ordered by a
court:

(a) Examinations for a certificate
or license;

(b) Information obtained by the division while
investigating alleged violations of this chapter; and

(c) The criminal and financial records of [a licensed]an appraiser
or [registered] intern, or an
applicant for a certificate, license or registration
card.

Sec. 10. NRS 645C.260 is
hereby amended to read as follows:

645C.260 1. Any person who,
in [the State of Nevada]this state, engages in the business of, acts in the
capacity of, advertises or assumes to act as:

(a) An appraiser without first obtaining the
appropriate certificate, license or permit
pursuant to this chapter; or

(b) An intern without first obtaining a
registration card pursuant to this chapter,

is guilty of a misdemeanor.

2. The division may file a complaint in
any court of competent jurisdiction for a violation of this section, and assist
in presenting the law or facts at any hearing upon the complaint.

3. [Unless
prosecuted by the attorney general, the district attorney of a county shall
prosecute a violation of this section that occurs in his county.]
At the request of the administrator, the attorney general shall prosecute such
a violation . [in
lieu of the district attorney.]Unless the
violation is prosecuted by the attorney general, the district attorney shall
prosecute a violation which occurs in his county.

Sec. 11. NRS 645C.270 is
hereby amended to read as follows:

645C.270 1. An intern must:

(a) Obtain a registration card from the
division; and

(b) Be associated with and supervised by [all licensed appraisers]the appraiser named in the registration card.

2. An intern shall not assist in the
preparation or communication of an appraisal without the written authorization
of the appraiser named in his registration card.

3. The division may deny an application
for a registration card on any ground sufficient to deny an application for a certificate or license.

Sec. 12. NRS 645C.280 is
hereby amended to read as follows:

645C.280 1. An appraiser [must obtain a license from the division as:

(a) A residential
appraiser, which authorizes him to prepare and communicate appraisals
concerning only parcels of real estate suitable for not less than 1 nor more
than 12 residential dwellings; or

(b) A general appraiser,
which authorizes him to prepare and communicate appraisals concerning any type
of real estate.]may obtain from the
division:

(a) A license as a residential
appraiser, which authorizes him to perform an appraisal of real estate suitable
for or consisting of no more than four residential units in any one
transaction, if the total value does not exceed $1,000,000 and the complexity
of the transaction does not, under the regulations of a federal agency or the
standards adopted by the appraisal subcommittee of the Federal Financial
Institutions Examination Council, require a certified appraiser;

(b) A certificate as a
residential appraiser, which authorizes him to perform an appraisal of real
estate suitable for or consisting of no more than four residential units in any
one transaction, without regard to value or complexity; or

(c) A certificate as a
general appraiser, which authorizes him to perform any appraisal.

2. A person certified
or licensed as a residential appraiser may, under the direct supervision
of a person [licensed]certified as a general appraiser, assist in the
preparation and communication of an appraisal that is outside the scope of his certificate or license.

3. The commission
may establish, by regulation, addition classifications of licensure or
certification, and the qualifications therefor, if necessary to comply with
classifications and qualifications established by the appraisal subcommittee of
the Federal Financial Institutions Examination Council.

Sec. 13. NRS 645C.290 is
hereby amended to read as follows:

645C.290 An application for a certificate or license must be in writing upon a form
prepared and furnished by the division. The application must include the
following information:

1. The name, age and address of the
applicant.

2. The place or places, including the
street number, city and county, where the applicant intends to conduct business
as an appraiser.

3. The business, occupation or other
employment of the applicant during the 5 years immediately preceding the date
of the application, and the location thereof.

4. The periods during which, and the
locations where, he gained his experience as an intern.

5. Whether the applicant has ever been
convicted of, is under indictment for, or has entered a plea of guilty or nolo
contendere to:

6. Whether the applicant has ever been
refused a certificate, license or permit to act as an appraiser, or has ever
had such a certificate, license or permit suspended or revoked, in any other
jurisdiction.

7. If the applicant is a member of a
partnership or association or is an officer of a corporation, the name and
address of the principal office of the partnership, association or corporation.

645C.300 1. Every
application for a certificate, license or
registration card must be accompanied by the fee for the certificate, license or registration card.

2. Each applicant must:

(a) At his own expense and on a card provided by
the division, arrange to be fingerprinted by an agency of law enforcement; and

(b) Attach the completed card to his
application.

3. The division may:

(a) Mail the card to the Federal Bureau of
Investigation or any other agency of law enforcement; and

(b) Request from such an agency any information
regarding the applicants criminal history as the division deems necessary.

Sec. 15. NRS 645C.310 is
hereby amended to read as follows:

645C.310 [The
division]Unless the division extends the
time, it shall act upon an application for a certificate
or license within 60 days after receiving the completed application. If
in the opinion of the administrator additional investigation of the applicant
appears necessary, the division may extend that period as long as necessary to
complete the investigation before acting on the application.

Sec. 16. NRS 645C.320 is
hereby amended to read as follows:

645C.320 1. The
administrator shall issue a certificate or license
, as appropriate, to any person:

(a) Of good moral character, honesty and
integrity;

(b) Who meets the educational requirements and
has the experience prescribed in NRS 645C.330; and

(c) Who has satisfactorily passed a written
examination approved by the commission.

2. The administrator may deny an
application for a certificate or license to any
person who:

(a) Has been convicted of, or entered a plea of
guilty or nolo contendere to, forgery, embezzlement, obtaining money under
false pretenses, larceny, extortion, conspiracy to defraud or any crime
involving moral turpitude;

(b) Makes a false statement of a material fact
on his application; or

(c) Has had a certificate,
license or registration card suspended or revoked pursuant to this
chapter, or a certificate, license or permit to act as an appraiser suspended
or revoked in any other jurisdiction, within the 10 years immediately preceding
the date of his application.

Sec. 17. NRS 645C.330 is
hereby amended to read as follows:

645C.330 1. An applicant for
a license as a residential appraiser must furnish proof satisfactory to the
commission that he has successfully completed:

(a) Not less than [60]75 hours of academic instruction in subjects
related to appraisals taught in courses approved by the commission; and

(b) During the 5 years immediately preceding the
date of his application, at least 2 years of experience working full time as an
appraiser or intern.

2. An applicant
for a certificate as a residential appraiser must furnish proof satisfactory to
the commission that he has successfully completed:

(a) Not less than 120
hours of academic instruction in subjects related to appraisal taught in
courses approved by the commission; and

(b) During the 5 years
immediately preceding the date of his application, at least 2 years of
experience working full time as an appraiser or intern.

3. An
applicant for a [license]certificate as a general appraiser must furnish proof
satisfactory to the commission that he has successfully completed:

(a) Not less than [120]165 hours of academic instruction in subjects
related to appraisals taught in courses approved by the commission; and

(b) During the 5 years immediately preceding the
date of his application, at least 3 years of experience working full time as an
appraiser or intern.

[3.]4. As used in this section, an hour of
academic instruction means at least 50 minutes of actual time spent receiving
instruction.

Sec. 18. NRS 645C.340 is
hereby amended to read as follows:

645C.340 1. The examination
must test the applicant on his knowledge and understanding of:

(a) Subjects applicable to the type of certificate or license for which he is applying; and

(b) Laws regarding the practice of preparing and
communicating appraisals, including the provisions of this chapter and any
regulations adopted pursuant thereto.

2. The division may hire a professional
testing organization to create, administer or score the examination.

Sec. 19. NRS 645C.350 is
hereby amended to read as follows:

645C.350 1. The division
shall cause examinations to be conducted not less than once every 6 months.

2. An applicant may take the written
examination before he completes the requirements for experience, but a certificate or license must not be issued until all the
requirements are met.

3. The division shall notify each
applicant in writing whether he passed or failed the examination, or has
alternatively satisfied the requirements for a certificate
or license pursuant to NRS 645C.360, as determined by the commission.

Sec. 20. NRS 645C.360 is
hereby amended to read as follows:

645C.360 1. A certificate, license or permit may be issued under this chapter, without an examination , to a person who holds a certificate, license or
permit to act as an appraiser [,] issued
by another state or territory of the United States or the District of Columbia,
upon a showing that the requirements for the certificate, license or permit
issued in that jurisdiction are substantially equivalent to those required by
this state to obtain the type of certificate, license
or permit for which he is applying.

2. A permit may be issued for a period
not to exceed 3 months.

Sec. 21. NRS 645C.370 is
hereby amended to read as follows:

645C.370 1. If an applicant
is denied, the division shall notify the applicant within 15 days after its
decision. If the denial is on grounds other than a failure to pass the
examination, the applicant may not reapply until he petitions the division for
leave to file another application. The division may grant or deny that leave in
its sole discretion.

2. If the applicant, within 30 days after
receipt of the notice denying his application, files a written request
containing allegations which, if true, qualify the applicant for a certificate, license or registration card, the
president of the commission shall set the matter for a hearing to be conducted
within 90 days after receipt of the applicants request.

3. The hearing must be held at a time and
place prescribed by the commission. At least 15 days before the date set for
the hearing, the division shall serve the applicant with written notice of the
hearing and include with the notice an exact copy of any protests filed,
together with copies of all communications, reports, affidavits or depositions
in possession of the division relevant to the matter in question. The notice
may be served by personal delivery to the applicant, or by mailing it by
certified mail to the applicants last known business or residential address.

4. The hearing may be held by the
commission or a majority thereof, and a hearing must be held if the applicant
so desires. A record of the proceeding, or any part thereof, must be made
available to each party upon the payment to the division of the reasonable cost
of transcription.

5. The commission shall render a decision
on the matter within 60 days after the final hearing and notify the parties to
the proceedings, in writing, of its ruling, order or decision within 15 days
after it is made.

Sec. 22. NRS 645C.380 is
hereby amended to read as follows:

645C.380 The decision, upon the discovery
of any error in the issuance of a certificate, license
or registration card which is related to the qualifications or fitness of the
holder thereof, may invalidate the certificate, license
or registration card upon notice in writing to the holder. The holder shall
surrender the certificate, license or
registration card to the division within 20 days after the notice is sent by
the division. A person whose certificate, license
or registration card is invalidated pursuant to this section, and who has
surrendered his certificate, license or
registration card, may request a hearing on the matter as for the denial of an
application pursuant to NRS 645C.370.

Sec. 23. NRS 645C.390 is
hereby amended to read as follows:

645C.390 1. The division
shall issue a certificate, license or
registration card to each eligible person in the form and size prescribed by
the commission. A certificate, license or
registration card must:

(a) Show the name and address of the [licensed] appraiser or [registered] intern and the location of
each place where he transacts business as an appraiser or intern;

(b) Have imprinted thereon the seal of the
commission; and

(c) Contain any additional matter prescribed by
the commission.

2. A certificate, license
or registration card is valid for 2 years after the first day of the first
calendar month immediately following the date it is issued.

3. If [a
licensed]an appraiser fails to
apply for the renewal of his certificate or license
and pay the fee for renewal before the certificate or license
expires, and then applies for renewal:

(a) No later than 1 year after the date of
expiration, he must pay a fee equal to 150 percent of the amount otherwise
required for renewal.

(b) Later than 1 year after the date of
expiration, he must apply in the same manner as for an original certificate or license.

Sec. 24. NRS 645C.400 is
hereby amended to read as follows:

645C.400 1. [A licensed]An appraiser
shall maintain a principal office for the transaction of his business as an
appraiser. If he maintains additional offices in this state, he must obtain a
duplicate certificate or license from the
division for each additional office. The appraiser shall display his certificate or license conspicuously in each of his
offices.

2. [A
licensed]An appraiser shall give
written notice to the division and surrender his certificate
or license within 10 days after any change in the name of his business
or the location of an office. Upon the surrender of the certificate
or license and the payment of the appropriate fee, the division shall
issue a certificate or license valid for the
remaining period of the original certificate or license.

3. [A
licensed]An appraiser shall
maintain a record of each appraisal he prepares for not less than 5 years after
completion of the appraisal, and notify the division of the location where the
record is stored and of any change in that location.

4. Failure to give any notice pursuant to
this section is cause for the revocation or suspension of the certificate or license or placement of the certificate or license on inactive status.

Sec. 25. NRS 645C.410 is
hereby amended to read as follows:

645C.410 1. If an intern for
any reason terminates his association with [a
licensed]an appraiser, the
appraiser shall:

(a) Immediately deliver or mail by certified
mail to the division the interns registration card, together with a written
statement of the circumstances surrounding the termination of the association
and a copy of the notice required by paragraph (b); and

(b) At the time of delivering or mailing the
registration card to the division, advise the intern that his registration card
has been forwarded to the division by mailing notice of that fact to the
interns last known residential address.

2. The registration card must be
suspended if the intern does not become associated with another certificate or licensed appraiser within 30 days after
the termination of his previous association.

3. The intern shall not assist in the
preparation or communications, whether directly or indirectly, of an appraisal
under the authority of his registration card from the date that the registration
card is delivered or mailed by the appraiser with whom
his association was terminated to the division, until the date that a
new registration card is issued naming another [licensed]
appraiser with whom the intern has become associated.

Sec. 26. NRS 645C.420 is
hereby amended to read as follows:

645C.420 1. The division may
place a certificate or license on inactive
status:

(a) At the request of the appraiser;

(b) For failure of the appraiser to notify the
division pursuant to NRS 645C.400 of any change in the name or location of his
business, or of the location or any change in the location where his records
are stored;